This is a criminal miscellaneous bail application regarding charges of rape and abduction. The applicant contested the victim's age and alleged false implication by parents. The court allowed bail on personal bond and two sureties.
Released on bail on personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27766 of 2018
Applicant :- Rajveer Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla 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 learned counsel for the applicant is that according to the medical examination, the age of the victim was found to be of about 17 years but actually she was much above that age and was fully grown up major girl. Learned counsel has placed reliance on identity proof of the victim which finds its place at page-15 of the application showing her date of birth 1998. Counsel has tried to point out that a writ petition was also filed on behalf of the victim and the Division Bench of this Court was pleased to stay the arrest of the applicant at that stage. It has been further pointed out that in fact she has contracted marriage on her volition wilfully with the applicant and even in the present application, affidavit has been sworn on behalf of the victim herself. Counsel has further tried to submit that though the allegations of rape has been made against the applicant when she was examined by the Investigating Officer but when she was examined by the Magistrate, she did not make any such allegations against the applicant or against anybody. Further argument is that the entire narration given by the victim before the Investigating Officer also shows that she remained with the applicant for more than one months. Counsel has also placed reliance to annexure no. 3 and annexure no. 4, which are the marriage certificates regarding the marriage of the applicant with victim taking place at Arya Samaj Savitri Nagar, Kargaina, Bareilly as well as before the Registrar, Hindu Marriages, Bareilly respectively. Submission is that as the parents of the girl did not agree with this relationship, they lodged false report against the applicant while the victim still wants to live with the applicant. 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 pointed out that the accused is not having any criminal history and he is in jail since 24.6.2018 and that 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. 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- Rajveer Pal, involved in Case Crime No. 336 of 2017, u/ss. 363, 366, 376, 354 I.P.C. & 3/4 POSCO Act, P.S.- Subhash Nagar, District- Bareilly, 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 :- 30.7.2018
Naresh
3 issues framed by the court
Whether bail should be granted to the accused in a rape and abduction matter where the victim's age and allegations were contested.
Whether the accused satisfies bail conditions despite opposition by the state.
Whether the delay in trial and medical evidence regarding the victim's age warrants bail release.
2 provisions across 2 enactments
Rajveer Pal
Karuna Nand Bajpayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
