Heard Sri Ajay Kumar Mishra, 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. 356 of 2020 under Section 376-D/506 I.P.C., P.S. Mainather District Moradabad.
As per F.I.R. which has been lodged by victim, she had frequent access to the dairy of Ashok Kumar where her friend used to work. There, she developed good acquaintance with the accused applicant who used to come there who deals with sale of buffaloes etc. They started having talk on phone as well; he had given assurance to the victim that he would provide her a job, on that pretext, he had taken her on a motorcycle to Karula Bazar, Moradabad and there, he called his friend, co-accused, Jarrar and, thereafter she was ravished by both of them in the field of sugar-cane.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; this is a case of consent; it appears from the F.I.R. that she developed relationship with him. There are variations in statement recorded under Sections 161 and 164 Cr.P.C. of the victim. Victim is a married lady having three children. He is in jail since 15.10.2020; he has no criminal history; 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 fact that it appears to be a case of consent, quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice 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, Warish @ Bhoora 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 :- 23.2.2021 A. Mandhani