Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23736 of 2019 Applicant :- Subodh Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel is that admittedly the victim is a married lady and she alleges to have been raped in the day time at about 3:00 p.m. while her children were also in her house and her husband had gone away in connection with his business. Submission is that it is not a case of night hours nor is it a case where rape might have taken place in some lonely place. Contention is that unless the victim was a willing or consenting party such kind of incident as has been alleged appears to be highly improbable in nature and specially in the background of the admitted factual situation that she never raised any hue and cry during the course of alleged rape. This is clear from the perusal of her statement given to the Magistrate under section 164 Cr.P.C. The story as has been alleged in her statement recorded by the Magistrate is that the applicant went inside her house took her by arm in another room and when he after committing rape started going out he gave a threat to the victim and prohibited her to disclose the incident. Only thereafter the victim claims to have called up her husband on phone. Submission is that the story contains high elements of improbability. Further submission is that because of the political rivalry in the village as it was the time of elections for the Parliament, the village was divided under sharp political cleavages and the husband of the victim belongs to the rival group with whom the applicant had developed strong rivalry. It was only in the background of the same that the applicant has been falsely implicated in the present case. Further submission is that there is no corroborating injury found on the body of the victim which also rules out any kind of use of force by applicant or any kind of resistance offered by the victim. Even the doctor has not given any positive opinion which could confirm the commission of rape upon the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 26.04.2019 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Subodh Maurya, involved in Case Crime No.14 of 2019, u/s 376, 452, 506 I.P.C., P.S.- Manchi, District- Sonbhadra, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 7.6.2019 shiv