Court granted bail to applicant Pancham Pasi in an acid-throwing and gang-rape FIR following allegations of false implication. Reliance placed on lack of medical corroboration and parity with a similarly placed co-accused who secured bail.
Applicant released on bail with personal bond and two sureties subject to standard bail conditions.
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. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8465 of 2018
Applicant :- Pancham Pasi Opposite Party :- State Of U.P. Counsel for Applicant :- Indra Deo Mishra,Shri Ram (Rawat),Shushil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Indra Deo Mishra, Shri Ram (Rawat) and Sri Shushil Kumar Mishra, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Pancham Pasi in Case Crime No. 501 of 2017, under Sections 326-A, 506, 376-D I.P.C., Police Station- Ghoorpur, District- Allahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that the prosecutrix, who is aged about 25 years, herself lodged the first information report on 30.09.2017 at 06.20 P.M. with the allegation that five years ago, the applicant and other co-accused had advanced a sum of Rupees Ten Thousand from her and after her husband's death she demanded the said money from them. On 29.09.2017 at about 05 P.M., the applicant and co-accused had taken her forcibly in a school and they had thrown acid on her private parts. It is argued that in the F.I.R., there is no allegation of sexual assault on the prosecutrix. However, it is further submitted that even in the medical report the doctor has opined that there was no sign of use of force and healing/scarring as a result of acid burn is not there. Subsequently, the prosecutrix in her statement recorded under Section 164 Cr.P.C., to make the offence graver, alleged that the applicant and other co-accused had also gang-raped her. The prosecution version of gang-rape is not supported by medical evidence. Lastly, it is submitted that similarly placed co-accused Kallu Chamar has been enlarged on bail by this Court vide an order dated 31.07.2018 in Criminal Misc. Bail Application No. 21247 of 2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 03.10.2017, having no criminal history to his credit, deserves to be released on bail on the ground of parity.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that the allegation is serious in nature, however, he could not dispute that there is no medical evidence of prosecutrix to establish the factum of throwing of acid on the private parts of the victim and also that similarly placed co-accused has been enlarged on bail.
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- Pancham Pasi 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 :- 19.9.2018 Vikas
2 issues framed by the court
Whether the applicant entitled to bail despite serious allegations of criminal misconduct.
Whether lack of medical evidence combined with parity with co-accused warrants bail.
Pancham Pasi
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
