The High Court allowed a bail application filed by an applicant charged with rape and molestation, referring to Apex Court precedents and noting contradictions in victim statements that justified the grant of bail subject to conditions.
Released on bail on personal bond and two local sureties subject to conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29933 of 2020
Applicant :- Vijay Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant Vijay with a prayer to enlarge him on bail in Case Crime No 72 of 2020 under Section 376, 354, 504, 506 IPC, Police Station Jagdishpura, district Agra during pendency of the trial.
The allegation in the F.I.R. is that 22.02.2020 applicant, who is neighbour of the victim entered into the house of the victim and physically molested her, who is aged about 20 years. He threatened her not to tell about it to anyone otherwise he will kill her.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is next submitted that victim stated in her statement recorded under sections 161 Cr.P.C. and 164 Cr.P.C. that the applicant has committed rape upon her on many occasions earlier but she did not disclosed this fact to her father because applicant threatened her. It is further submitted that there are contradiction in the version of F.I.R. and the statement recorded under Sections 161 and 164 Cr.P.C. In medical examination report of victim, no definite opinion regarding the rape was given. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 13.02.2020.
Per contra, learned A.G.A. as well as learned counsel for the informant oppose the bail prayer of the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., and evidence on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant- Vijay , be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 14.10.2020 Pr/-
3 issues framed by the court
Whether to grant bail to the applicant facing charges of rape and unlawful molestation who has surrendered and filed this application.
Whether the contradictions between the FIR and the statements of the victim recorded under sections 161 and 164 Cr.P.C. justify granting bail.
Whether the applicant satisfies the bail conditions including no risk of fleeing or tampering with witnesses.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
Vijay
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
