In Criminal Misc. Bail Application No. 39415 of 2019, the Court granted bail to the applicant, Kedar Singh, who was accused under sections 366 and 376 (D) IPC for alleged rape, on his furnishing a personal bond with two sureties.
Applicant released on bail by furnishing a personal bond and two sureties each in like amount.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39415 of 2019
Applicant :- Kedar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Dulare Singh,Mayank Singh,Mayank Singh Counsel for Opposite Party :- G.A.,Kiran Tiwari,Mahesh Chandra Tiwari
Hon'ble Bachchoo Lal,J.
A supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged by Rama Shankar, the brother of victim, on 3.2.2019 after 8 days of the alleged incident. In the F.I.R. it has been mentioned that on 26.1.2019 his sister aged about 26 years was not found in her room in the morning. He expressed suspicion against the applicant for enticing away the victim. The F.I.R. was lodged under section 366 I.P.C. against the applicant. The victim was recovered on 4.2.2019 from Kuber Chauraha. At that time she was alone. The victim in her statement recorded under section 161 Cr.P.C. has made allegation of rape against the applicant and co-accused Vedpal. In her statement recorded under section 164 Cr.P.C. she has made allegation of rape against 3 persons including the applicant. In fact the applicant had not enticed away the victim. The victim had gone with her friend namely Narendra Kumar on her own sweet will. The applicant has no concern with the alleged incident. The informant has taken Rs. one lac from the applicant on 24.10.2016 and he has not returned the money to the applicant. Only to make pressure upon the applicant not to demand money, the applicant has been falsely implicated in this case by the informant. It has been further submitted that at the time of alleged incident the victim was major. In the first information report her age has been shown about 26 years. The victim left her house with her friend on her own sweet will. She remained 9 days out of her house. During this period she has not made any hue and cry to save herself and has not made any complaint to anyone. False allegation has been made against the applicant. There is no criminal history of the applicant and is in
jail since 30.5.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the victim in her statements recorded under sections 161 and 164 Cr.P.C. has made allegation of rape against the applicant. In the statement of victim recorded under section 161 and 164 Cr.P.C. it has come that the applicant and two others took away the victim and kept her in a rented room where they committed rape upon her, therefore, applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Kedar Singh involved in Case Crime No.26 of 2019, under Section 366, 376 (D) IPC Police Station Etmadpur District Agra 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;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 15.10.2019 Gss
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving alleged rape.
Whether the court should grant bail despite opposing allegations of sexual assault.
Kedar Singh
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
