This criminal miscellaneous bail application was allowed by the Allahabad High Court for the accused, Saurabh, involved in a case alleging outraging modesty and assault. The court found it fit to grant bail without expressing an opinion on the merits.
Release on bail subject to bond of Rs. 10,000 and two sureties in the like amount along with conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37326 of 2020
Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Saurabh in connection with Case Crime No.286 of 2020, under Sections 376-D, 354, 323, 325 I.P.C., Police Station Ghatampur, district Kanpur Nagar.
The first information report to this incident was lodged by the victim herself. It was alleged in the first information report that when the victim was going to ease herself on 14.06.2020 at about 7.30 p.m. then the nephew of Chandra Prakash, namely, Saurabh and Ankit tired to outrage the modesty of the victim. The complainant ran away towards her house and narrated the entire story to her family members and when the family members of the victim had gone to the house of the Chandra Prakash then they were beaten by lathi and danda, as a result the family members of the complainant received the injuries in the said marpit.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the incident had taken place on 14.06.2020 and the first information report of the incident was lodged on next day, i.e. 15.06.2020. He submitted that in the first information report there is no allegation of rape against the applicant. He further submitted that the alleged victim had not received any external or internal injury, which is evident from her medical report. He submitted that the family members of the victim and the applicant are living in the same village and the first information report of the incident was lodged against the applicant as a counter blast to the NCR, which was lodged by the maternal uncle of the applicant against the family members of the complainant, copy of the NCR has been annexed at page no.22 of the affidavit, filed in support of the bail application. He submitted that the applicant is languishing in jail since 29.06.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea and has submitted that in the first information report there is no mention of allegation of rape committed by the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Saurabh involved in the aforesaid crime be released on
bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 7.12.2020 R./
1 issue framed by the court
Whether the bail application filed by the accused in a rape-related offence involving assault and outraging modesty falls under the exceptional category requiring bail.
Saurabh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
