Heard Sri Ram Anuj Prajapati, Advocate holding brief of Sri Rajkishore Singh, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 0167 of 2020, under Sections 420, 506, 354, 406 & 376 of I.P.C. and 3/4 of P.O.C.S.O. Act, P.S. Chandpur, District Fatehpur.
As per F.I.R., which was lodged by the father of the victim, it has been stated that his daughter Divya was living with his elder brother's family where the accused applicant had trapped her daughter in love affair and one forged compromise for marriage was prepared on 03.02.2020 and when the informant told his brother to make complaint in this regard to police station, his brother told him to execute a Godnama and the same was executed on 28.04.2020 but even then his brother did not lodge any report in the present matter. The accused applicant used to do illicit activities with his daughter.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; he is totally innocent. It is further argued that the victim in her statement under Section 161 Cr.P.C. has repeated the version of the F.I.R. and in the statement under Section 164 Cr.P.C. she had given different version stating that the accused had taken her to a place on the pretext of attending a birthday party and started molesting her along with two other persons Situ and Asif and thereafter on 05.07.2020 he had taken her to his grand mother's home where rape was committed by him and thereafter the accused applicant again met her on 03.08.2020 and told her that her bade papa Rakesh and badi mummy Sarla had sold her to him and threatened that in case she would marry someone else, she would be killed. It is further argued that as per medical examination, no injury is found to have been sustained by the victim.The accused applicant has no criminal history; he is in jail since 30.09.2020; 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.
In view of the statements made by the victim, considering 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 Talif @ Talib 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 :- 29.1.2021 VPS