Heard Sri Ravi Shankar Prasad, learned Senior Advocate assisted by Sri R.R. Pathak, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 0207 of 2020 under Sections 376 and 506 I.P.C., P.S. Lalgunj, District Mirzapur.
As per F.I.R. which has been lodged by father of the victim who is 20 years old. As per the report of C.M.O., Mirzapur annexed at page no. 47 of the paper book, she was sick; at the instance of some persons of the village, informant had taken his daughter to the accused for getting her exorcised (jhar-phook) and for this purpose, she had to go twice in a week and during this process when the informant had insisted to accompany his daughter, he refused because that could effect the treatment and in this garb, allegation is that he committed rape upon the victim; about this victim herself has revealed to informant and refused to go for treatment. Thereafter in order to get the accused caught red-handed, he convinced his daughter again to approach the accused for the treatment and there again, when rape was committed by the accused, videography was done and the accused fled from there.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; story is absolutely false and unbelievable as mentioned in F.I.R. Victim is a major girl; no father would allow his daughter to be raped and video-recording of it would be allowed to be made. Learned A.G.A. when enquired as to whether videography was made, in instructions, no such fact is mentioned was received. He has no criminal history. The accused applicant is in jail since 12.08.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Taj Mohammad @ Computer @ Bhate involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 13.1.2021 A. Mandhani