Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15819 of 2018 Applicant :- Vimal @ Akash Opposite Party :- State Of U.P.
Counsel for Applicant :- Satendra Kumar 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 for the applicant is that according to the medical examination, the age of the girl is about 17 years, but according to the educational certificate she was a little above 18 years. Submission is that she was in love with applicant and left her house on her own volition and had also contracted marriage, which fact is also admitted in her statement given before the Magistrate. Further submission is that when the victim was examined by the investigating officer, she had denied the allegations of committing rape upon her and had infact stated that nothing wrong was done by the applicant with her. Contention of the counsel is that later on she has given an incriminating statement against the applicant under the coercive pressure of parents who were disagreeable to this relationship of the victim with the applicant. Further submission that victim was with the applicant for more than 5 days and it sounds highly improbable to suggest that for all this period of time if she was not a consenting party she would still not resist, protest or raise any complaint. Submission is that the record does not disclose that any such resistance was offered by her. Submission is that the story of rendering her unconscious or taking her by force up to Delhi is again an improbable story as it is very difficult to comprehend as to how an adult girl could be taken in unconscious state to such long distance and he kept there in that condition. Submission is that the version given is highly exaggerated in order to lend colour to the story while the fact is that both of them were in love with each other and the false implication of the applicant is just because of the disagreement of the family members. 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 3.12.2017 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-Vimal @ Akash, involved in Case Crime No. 456 of 2017, u/s 366, 342, 376, P.S. Sahawar District- Kasganj 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 :- 30.4.2018 Ravi Prakash