Heard, learned counsel for the applicant, learned A.G.A for the State of U.P., learned counsel for the complainant and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.441 of 2019 under Sections 376, 323 I.P.C. and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (v) SC/ST Act, Police Station-Bangarmau, District-Unnao, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 28.08.2019. It is further submitted on behalf of applicant that as per the prosecution case, the incident was taken place on 25.08.2019 at about 2:45 p.m. and prosecutrix narrated alleged story to her mother, but compliant was not reported to the Police immediately, and thereafter, FIR was lodged on 26.08.2019. She further submitted that after lodging the FIR, statement of the prosecutrix, under Section 161 Cr.P.C. was recorded, in which, she stated that on the date of incident, one person was talking with her uncle and at the same time, she went to agriculture field for cutting fodder and informant also come there and he committed rape. Statement of prosecutrix, under Section 164 Cr.P.C. was recorded, in which, she reiterated the story as mentioned in her statement recorded under Section 161 Cr.P.C. She further submitted that prosecutrix was medically examined on 27.08.2019 and slides of vaginal smear was sent for pathological test. As per supplementary report of MLC, dated 16.09.2019, no live or dead spermatozoa was found, therefore, prosecution story is not corroborating with the pathological report. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant oppose the prayer for grant of bail to the applicant and submitted that prosecutrix has supported the prosecution case, in her statement recorded, under Sections 161 and 164 Cr.P.C., but he does not dispute the fact that as per supplementary report of MLC, dated 16.09.2019, no live or dead spermatozoa was found.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Rinku Rathore @ Satyendra- be released on bail in the aforesaid case crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
The learned trial court is directed to conclude the trial of the present case within a period of one year from the date of production/receipt of certified copy of this order, in accordance with law.
The Superintendent of Police and Joint Director Prosecution, Unnao are directed to ensure the presence of witnesses before the court below.
Office is directed to communicate this order to the authority concerned, forthwith.
Order Date :- 19.8.2021 Amit/-