Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17609 of 2016 Applicant :- Ram Abhilash Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishnu Murti Tripathi,Dinesh Mishra Counsel for Opposite Party :- G.A.,Ajay Pandey
Hon'ble Harsh Kumar,J.
List revised. No one is present for first informant.
Heard Sri Dinesh Mishra, learned counsel for applicant, learned A.G.A. and perused record.
Learned counsel for applicant contends that applicant has been falsely implicated being disabled and unmarried Jeth of first informant/victim; that applicant is visually impaired and disability certificate has been issued to him by C.M.O., Kaushambi on account of his visual impairment of 95%; that as per averments made in F.I.R., victim was married to Akhilesh Kumar, the brother of applicant and since after marriage she was being treated with cruelty for non-fulfilment of a she- buffalo, a gold ring and Rs.1 lakh cash as dowry and for non- fulfilment of demand of dowry she was kept in custody and since last 4-5 months the applicant continued to forcibly commit rape on her of which when the complaint was made by her to her husband, in-laws and Nanad they abused her and on 19.6.2015 at about 02:00 p.m. committed mar-pit with her, put some inflammable substance in her private part and made teeth bites on both of her breasts and on the request of victim, who was 4-5 months pregnant, she was given treatment in District Hospital, Kaushambi on 2.7.2015; that F.I.R. has been lodged in planned manner with inordinate delay of 38 days from the incident on 28.7.2001, and medical examination report has been obtained after another around 2 months on 24.9.2015 which does not indicate any external injury on any part of body of victim or any injury of inflammable substance on her private parts or teeth bites on her breasts as per copy of medical examination report at Annexure-4; that as per statement of Medical Officer at Annexure-6 no external injury was found on any part of her body; that entire prosecution story is absolutely false and incorrect; that applicant is innocent disabled person and is languishing in jail since 7.1.2016 on account of wrongful designs and false F.I.R. by victim; that entire prosecution story is absolutely false and concocted; that applicant neither made any demand of dowry from victim nor treated her with cruelty no committed raper on her nor put inflammable substance in her private parts nor cause teeth bites over her breasts; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail.
Learned A.G.A. opposed prayer of bail.
Upon hearing learned counsel for parties, perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.
Let the applicant Ram Abhilash be released on bail in Case Crime No.10 of 2015, under Sections 498-A, 376, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana (Manjhanpur), District Kaushambi, on furnishing a personal bond and two sureties each in like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with prosecution evidence and will not delay disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.
Order Date :- 31.7.2019 Kpy