Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.
The present bail application has been filed on behalf of the applicant in Case Crime No. 361 of 2019, under Sections 376/506 IPC, Police Station Mohanlalganj, District Lucknow, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person, he has been falsely implicated in the case.
Learned Counsel for the applicant further submitted that applicant is uncle father-in-law of the victim and on account of property dispute, false allegation of rape has been levelled against the applicant. He further submitted that victim lodged the FIR against the applicant on 01.07.2019 at 11:28 A.M. and as per version of the FIR the applicant committed rape in the night of 30.06.2019 at about 12:00 P.M. and the said information was given by the informant immediately after the incident by dialing 100 number. Meaning thereby the information was given in the mid night of 30.06.2019. However, in the instant case the information was not given immediately after the incident as alleged in the FIR and the same was given on the next day i.e. 01.07.2019 at about 7:15 A.M. He submitted that in this view of matter, prima-facie the case of the prosecution is doubtful.
He further submitted that as per allegation made in the FIR, several persons of the locality were called by the victim, however, no independent witness has been made in support of story prosecution. In view of this matter also the prosecution story is doubtful.
He further submitted that on 01.07.2019 i.e. immediately after the alleged incident the victim was examined and as per medical report no spermatozoa was found though the victim is married lady and there is no sign of use of force and no injury was found on the body of the victim. Meaning thereby the applicant has not committed any crime as alleged in the FIR.
He further submitted that statement of victim under Section 161 Cr.P.C. was recorded on 01.07.2019 and thereafter the victim avoided to record her statement under Section 164 Cr.P.C. After the incident as per the content of the case diary the victim went to her native place i.e. Mahoba and after due persuasion, on 07.09.2019 the statement of victim was recorded before the court below under Section 164 Cr.P.C.
The applicant is in jail since 02.07.2019 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for grant of bail, however could not dispute the aforesaid fact of the case.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances as also the medical report 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-Shivram @ Rajju be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish 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.
Order Date :- 18.8.2021 Jyoti/-