In a bail application under IPC Sections 376-D and 506, the court noted the improbability of the prosecution version due to delay in FIR and lack of injuries. Without expressing an opinion on merits, the court held a prima facie case for bail.
The applicant Govind Singh is released on bail by furnishing a personal bond and two sureties each.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3316 of 2019
Applicant :- Govind Singh Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Shanker Pandey,Rajesh Dwivedi,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit filed today by learned A.G.A., is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 94 of 2018, under Sections 376-D, 506 I.P.C., Police Station Derapur, District Kanpur Dehat with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that applicant has been falsely implicated in this case. Prosecutrix is a mature and married lady, aged 26 years. It was submitted that alleged prosecution version is highly improbable. The alleged incident has been shown of 28.04.2018 but FIR has been lodged on 18.05.2018 and no explanation has been shown for long delay in lodging the FIR. The alleged prosecution version that applicant has committed rape at the pointing out of pistol at her children is improbable. It was further submitted that prosecutrix has refused for her external medical examination and she has not sustained any injuries and thus her alleged version of rape is not supported by the medical evidence. It was submitted that applicant is in judicial custody since 11.08.2018, having no criminal history. It was further submitted that in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that prosecutirx has made allegation in her statement under Section 164 Cr. P.C. that applicant has committed rape on her.
Keeping in view the submissions of learned counsel for the parties, nature of allegations, period of detention of applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail is made out.
Let applicant Govind Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant will not try to contact, threat or otherwise influence the complainant, victim or her family members or any of the witness of the case.
Order Date :- 3.12.2019
T.S.
1 issue framed by the court
Whether bail should be granted on prima facie grounds considering the delay in FIR and lack of medical evidence in a rape case.
Govind Singh
Raj Beer Singh
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
