Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant; learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 306 of 2020, under Sections 354, 354-Ka, 354-Gha, 506, 328, 376, 120B I.P.C., Police Station-Loni Border, District-Ghaziabad, during the pendency of trial.
As per prosecution case in brief, victim herself lodged F.I.R. on 09.05.2020 regarding an incident dated 09.05.2020 for the offence under Section 354, 354-A, 354-B and 506 I.P.C. against the applicant.
It is argued by learned counsel for the applicant that in the F.I.R. there is no allegation of rape against the applicant but later on victim in her statements under Sections 161 and 164 Cr.P.C. recorded on 15.05.2020 and 26.05.2020 made an improvement and levelled allegation of sexual abuse against the applicant. It is next submitted that in the present case, there is no medical examination report of the victim, as she herself refused for her internal examination. It is admitted fact that victim is aged about 23 years. There is material contradiction in the statements of the victim. She has also made an allegation against the applicant that applicant has made her obscene video and made the same viral but no such video has been collected by the Investigating Officer during the course of investigation. Applicant has been falsely implicated in this case and during investigation section 376 I.P.C. has also been added after statements of victim. Lastly, it is submitted that from the perusal of statements of victim which is apparently clear that she is major and was consenting party with the applicant but subsequently victim in order to settle her personal score lodged F.I.R. against the applicant. Applicant has no criminal history and he is languishing in jail since 29.10.2020. It is 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 A.G.A. has opposed the prayer for bail but does not dispute that in the F.I.R. there is no allegation of rape against the applicant, victim is major and she herself refused for her medical examination.
After having heard learned counsel for the parties, I find that there is major contradiction in the contents of F.I.R. as well as in the statements of victim, though victim herself lodged an F.I.R. against the applicant. Victim is major and she was capable to understand the significance of morality associated with the act. There is no medical examination in this case, therefore, possibility of false implication of the applicant cannot be ruled out. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 Teetu Panchal 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:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
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 :- 25.8.2021 Rahul.