Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38706 of 2021 Applicant :- Sawaroo Rajbhar Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A.,Manoj Yadav,Vijay Bahadur Yadadv
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, Mr. Manoj Yadav, leaned counsel appearing on behalf of informant and perused the record of the case.
By means of this application, applicant-Sawaroo Rajbhar, who is involved in Case Crime No. 0025 of 2021, under sections 366, 506, 376 IPC, police station Ubhaon, district Ballia, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the complainant, who is father of the vicitm has lodged first information report dated 09.03.2021 in respect of an incident which is alleged to have been taken place on 02.03.2021 for the offence under sections 366 and 506 IPC against the applicant and his associates alleging inter alia therein that on 02.03.2021 at about 7.00 p.m. when his daughter had gone to attend the call of nature, she was enticed away by the accused persons.
It is argued by the learned counsel for the applicant that after about two months of registration of the FIR, the victim was recovered from the possession of the applicant and thereafter, her statement under section 161 Cr.P.C. was recorded, in which she has not made allegation of rape against the applicant and clearly stated that she is inclined towards the applicant, and therefore she on her own volition left her house and had gone to Delhi along with the applicant. She further alleged that on account of love affair, she started living with the applicant as husband and wife.She also expressed her desire to live with the applicant. It is also pointed out by the learned counsel for the applicant that when the victim was produced before the Doctor, she refused for her medical examination. The victim is major aged about 22 years. It is next submitted by the learned counsel for the applicant that though the victim in her statement under section 164 Cr.P.C. has made allegation of sexual abuse against the applicant, but she again in her statement under section 161 Cr.P.C. stated that her statement under section 164 Cr.P.C. is not correct as the same was given under the influence of her parents. On the strength of aforesaid fact, it is submitted that the victim was consenting party with the applicant, who does not have any criminal history to his credit and is in jail since 18.05.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate and learned counsel appearing on behalf of informant opposed the bail prayer of the applicant, but they could not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I find that the victim is major and she herself has refused for her medical examination and considering overall facts and circumstances of the case, possibility of victim being consenting party with the applicant cannot be ruled out, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sawaroo Rajbhar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this 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.
In case of breach of any of the above conditions, the court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 6.10.2021 Sazia Digitally signed by SANJAY KUMAR SINGH Date: 2021.10.06 13:37:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad