Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that in the First Information Report the date of occurrence has been mentioned as 21.9.2020 whereas in the statement before the Doctor the date is not clear due to overwriting. In the statement under Section 161 Cr.P.C. the date of occurrence has been mentioned as 21.9.2020 whereas in the statement under Section 164 Cr.P.C. the prosecutrix has changed the date of occurrence as 23.9.2020. He submits that the applicant is brother-in-law of the prosecutrix. The medical does not corroborate the prosecution story. The offence of the rape has not been found in the medical examination of the prosecutrix. The applicant has no criminal history. The alleged offence said to have been committed by the applicant in the parental house of the prosecutrix which is highly improbable. The applicant is in jail since 25.9.2020.
It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the period for which he is in jail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Vikram Saroj involved in Case Crime No. 0410 of 2020 under Sections 376, 506 Indian Penal Code, Police Station Jethwara, District Pratapgarh, 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 11.2.2021 Madhu