Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37794 of 2021 Applicant :- Ramesh Raikwar Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 49 of 2021, under sections 452 and 376 I.P.C., P.S. Katera, district- Jhansi, is seeking enlargement on bail during the trial.
The first information report was lodged by the victim herself, who is said to be 48 years of age against the present accused, alleging therein that on 3.6.2021 about about 11:00 O'clock in the night when she was sleeping in her room. Her daughter-in-law and her daughter were also sleeping in her room. The present accused entered the room of the complainant-victim and committed forceful rape with her after covering her face with cloth. It was also alleged that at the time of incident the husband of the victim had gone to flour mill for grinding the wheat.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to village factional politics. Further submission is that as per FIR, the alleged victim was forcibly raped by the applicant entering into her room but it is quite unnatural, while her daughter and daughter-in-law were also sleeping in adjacent room. The alleged victim has not raised any alarm before and after the incident. He next submits that the story put forward by the prosecution is totally false, fake and unreliable. He lastly submits that the applicant, who is in jail since 5.6.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that no statement of any independent witness of the vicinity, who had seen the accused running away from the place of occurrence after committing the offence, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ramesh Raikwar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 20.12.2021 Faridul