Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31054 of 2021 Applicant :- Ramanand Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar (Chandraul) Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has been submitted that alleged incident has been shown of 16.11.2018 and as per prosecution version, the victim has returned back to her home on 29.11.2018 but at that time no FIR was lodged. It was submitted that after about one month of incident, an application under Section 156(3) Cr.P.C. was moved by the first informant making false and baseless allegations and thereafter this case was registered on 17.12.2019 in pursuance to the order passed by the Court. Learned counsel has referred the statement of victim girl, recorded under Section 161 Cr.P.C., wherein only vague allegations have been made that applicant and co-accused persons used to do bad act with her. It was submitted that in her statement, recorded under Section 164 Cr.P.C., victim girl has alleged that applicant and co-accused Ram Daras and Ram Manoj Yadav have committed rape upon her but it was submitted that the said allegations are thoroughly false and baseless and that similarly placed co-accused Ram Manoj Yadav has already been granted bail by co-ordinate of this Court vide order dated 02.08.2021, passed in Criminal Misc.
Bail Application No. 17208 of 2021 and co-accused Ram Daras Yadav has also been granted bail by the Court below. It was submitted that as per age certificate, issued by the Chief Medical Officer, Gorakhpur, age of victim is about 18 years and that allegations of informant and victim that victim is aged 14 years, is false and there is no satisfactory documents to support the same and in fact the victim is a major girl. It was further submitted that applicant is languishing in jail since 11.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim is a minor girl, however, it could not be disputed that similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ramanand Yadav involved in Case Crime No 1056 of 2019, under Sections 363, 376-D, 342, 120-B, 323, 506 IPC and Section 5/6 of Protection of Children from Sexual Offences Act and Section 3(2)5 of SC/ST Act, P.S. Cantt. District Gorakhpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 A. Tripathi