Vakalatnama has been filed by Sri Ravindra Prakash Srivastava, Advocate on behalf of the informant and the same is taken on record.
Heard Sri Satyendra Narayan Singh, learned counsel for the applicant, Sri Ravindra Prakash Srivastava, and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 38 of 2020 under Sections 452, 323, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Dubauliya, District Basti, during the pendency of trial.
As per F.I.R. lodged by the father of the victim, in the intervening night of 29/1.02.2020 when the victim aged about 13 years was sleeping in his house, accused entered the house and started molesting his daughter thereafter when family members chased the accused, he had beaten up the victim by fists and kicks and fled from there.
Submission made by the learned counsel for the applicant is that in statement under Section 161 Cr.P.C., victim has only made allegation of molestation and nothing about rape was revealed by her. The medical examination report does not indicate anything abnormal as her hymen was found intact. No injury of any kind has been sustained by her, therefore it is argued that allegation of rape does not find support from the medical examination report but later on in the statement recorded under Section 164 Cr.P.C., she has levelled allegation of rape as well, to which also it is being stated that it is quite unnatural that at the night inside the house of the victim herself, this kind of occurrence would be happen when the family members of the victim were there. As regards false implication, it is stated that applicant lives in Delhi and he had given some land on batai to the informant's father and there was some dispute relating to the same because of which false implication has been done. It is further argued that charge sheet had been submitted under Section 354 IPC but later on the same was got canceled after submitting an application and thereafter supplementary statement was also recorded of the victim in which she has levelled allegation of rape against the applicant. He has no criminal history. He is in jail since 8.7.2020. If released on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer of bail and have mainly stressed upon the victim's statement recorded under Section 164 Cr.P.C. in which she has supported the prosecution version of rape.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ram [email protected] Raj Kumar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 4.2.2021 A.P. Pandey