Held bail granted to the applicant in a rape case where counsel alleged doubtful prosecution version and absence of injuries in the medical report, noting no early trial prospect.
Released on bail with personal bond and two sureties.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29932 of 2018 Applicant :- Ajai Kumar Alias Kaley Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Sunil Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on record. The present bail application has been filed by the applicant-Ajai Kumar alias Kaley in Case Crime No.54 of 2018, under Sections 376, 452 and 506 I.P.C., Police Station Nagina Dehat, District-Bijnor with the prayer to enlarge him on bail.
Submission of learned counsel for the applicant is that the victim is aged about 19 years. The manner in which the prosecution has set up the version that when the victim went to pick up clothes on the terrace, the applicant who was already present there, committed rape appears to be doubtful. Learned counsel states that in the F.I.R. itself it is not mentioned as to how the applicant reached on the informant's terrace. He has further submitted that no such incident has, in fact, taken place. The applicant has been falsely implicated in the present case due to enmity. The proceedings under Sections 107/116 Cr.P.C. were initiated between the parties. Lastly, it is contended that in the medical report of the victim neither internal nor external injury has been noted and the doctor has categorically stated that no definite opinion about sexual assault can be given. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Ajai Kumar alias Kaley be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 21.8.2018 MN/-
2 issues framed by the court
Whether an applicant, convicted of rape with doubts surrounding prosecution version and no injuries noted in medical report, deserves bail.
Whether the presence of enmity and lack of early trial conclusion justify bail under these circumstances.
2 provisions across 2 enactments
Ajai Kumar Alias Kaley
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
