Heard learned counsel for the applicant, learned A.G.A. and perused the record.
A case crime no.92 of 2011, under Section 354 was registered against accused-applicant Ram Pal @ Durga Prasad for outraging the modesty of the victim and doing 'Gandi Harkat' with her. The applicant was granted bail in that case under the order of learned A.C.J.M, court no.4 Bareilly on 28.1.2011. It appears that victim aged about 13 years was examined under Section 164 Cr.P.C. wherein she deposed that accused apprehended her, took inside his house and put off her Salwar Suit and committed 'Dushkarm' with her whereupon the case was converted under Section 376 I.P.C.
Learned counsel for the applicant has contended that applicant is innocent he has committed no offence and the allegation of 'Dushkarm' is out come of development and is after thought.
Learned A.G.A. has argued that out of fear the prosecutrix did not disclose the true offence committed upon her by the applicant at the time when the report was lodged under Section 354 I.P.C.
Be that as it may, under the facts and circumstances of the case, considering the fact that the allegation of rape was not disclosed at the time of lodging the F.I.R. under Section 354 I.P.C. to my mind, it is a fit case for bail.
Let applicant Ram Pal @ Durga Prasad, involved in Case Crime No.92 of 2011, in case no. 331 of 2011 Under Section 376 I.P.C. Police Station Bithari Chainpur, District Bareilly, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 23.11.2011 AHN