Hearling a bail application in a case involving allegations of rape, molestation, and blackmail, the single judge allowed the bail, noting the live-in relationship and lack of medical evidence against the applicant.
Release on bail by furnishing a personal bond and two heavy sureties.
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. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35752 of 2021
Applicant :- Shiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Sandip Kumar,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A.,Pankaj Kumar Chaube,Rafeek Ahmad Khan
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
The instant bail application has been filed on behalf of the applicant Shiv Kumar with a prayer to release him on bail in Case Crime No.301 of 2021, under Sections 376 (1), 354, 506 I.P.C., Police Station Kotwali Mahoba, District Mahoba.
It is argued by the learned counsel for the applicant that the incident is dated 30.06.2021 and the F.I.R. has been lodged after two days on 02.07.2021. There is statement of the victim/ girl recorded under Section 164 Cr.P.C. wherein she has admitted that she was in live-in relationship with the applicant. The chats between the victim and the applicant have been filed at page-14 of the bail application. There is medical examination report of the girl, wherein no suggestive sign of recent vaginal penetration are mentioned. In compliance of Section 53(1) of Cr.P.C. which is mandatory, no medical of the applicant has been conducted. It is the case of the victim that when the present accused did not agree for the marriage with the victim she has filed the present F.I.R. The applicant is languishing in jail since 07.07.2021, hence, prayer for bail is made.
Learned A.G.A. and learned counsel for the complaint have opposed the bail application. It is argued by the learned counsel for the complaint that the first information report has been registered by the mother of the victim. In both the statements under Sections 161 and 164 Cr.P.C. of the victim, there are allegations of rape against the present accused. The applicant was blackmailing the victim since 2017, when she was minor, hence, the consent of the minor has no significance, hence, bail application is prayed to be rejected.
From the perusal of the file, it is found that in the first information report dated 02.07.2021 only the incident dated
30.06.2021 has been mentioned wherein the allegation is of molestation and the age of the victim has been mentioned as 17 years, hence, the F.I.R. was registered under Sections 354 and 506 of I.P.C. but later on when the statement of the victim/ girl were recorded under Sections 161 and 164 Cr.P.C., in her statement under Section 161 Cr.P.C. she has disclosed her date of birth is 10.11.2001 and has mentioned that in 2017 when she came from Delhi to her house she was taking bath in the open courtyard Shiv Kumar (applicant) made clipping of the this incident and started exploiting her on the basis of this clip and on 15.05.2021 when the brother of the present accused called her to his home on the pretend of stitching of some clothes she went there and the present accused committed rape on her and on 03.06.2021 the allegation of making viral the video of the victim are alleged, in her statement under Section 164 of Cr.P.C. also she has reiterated these allegations and further she has stated that on the threat of present accused that he will make viral her video he used to live with her in live-in relationship. Admittedly, on the date of incident under Section 376 I.P.C., the girl was major and when the photos are said to do viral that incident is also dated 03.06.2021 when the girl was major. Admittedly, she is said to have lived in live-in relationship with the applicant. The applicant is in jail since 07.07.2021. In compliance of mandatory provision under Section 53(1) of Cr.P.C. medical of the present accused has not been done. In the medical examination report also no evidence has come against the applicant.
Upon hearing learned counsel for the parties and after perusal of record and considering the complicity of offence, severity of punishment, period of custody as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
The bail application is allowed.
Let the applicant Shiv Kumar be released on bail in Case Crime No.301 of 2021, under Sections 376(1), 354, 506 I.P.C., Police Station Kotwali Mahoba, District Mahoba, on furnishing a personal bond and two heavy sureties in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court
concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 16.12.2021 Radhika
2 issues framed by the court
Whether the applicant is in a fit case for bail considering the complicity of the offence and severity of punishment.
Whether the totality of facts and circumstances warrants release on bail at this stage.
Shiv Kumar
State of U.P.
Another
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
