Criminal miscellaneous bail application for release of the applicant in a rape case. The court considered the disputed version of the alleged victim and held it to be a fit case for bail without expressing opinion on merits.
Applicant released on bail on executing personal bond and furnishing two sureties in like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9982 of 2021
Applicant :- Mahaveer Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant through video conferencing. Learned A.G.A. is present in the Court.
This is a bail application on behalf of the applicant Mahaveer in connection with Case Crime No.236 of 2020, under Sections 376, 452, 504 I.P.C., Police Station Palimukimpur, district Aligarh.
The first information report of this incident was lodged by the victim herself against the applicant Mahaveer. It was alleged in the first information report that on 20.11.2020 at about 10.00 p.m. the applicant committed rape with her. The report of this incident was lodged on 21.11.2020 at 17.29 hrs.
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 alleged victim has changed her version in the statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C. He submitted that the alleged victim in her statement recorded under Section 161 Cr.P.C. has stated that the applicant entered her house and she was over powered and she was raped by the applicant but in her statement recorded under Section 164 Cr.P.C. she has developed a new story and has stated that two persons, who had covered their faces entered the house of the alleged victim, one of them was identified as the present applicant. He further submitted that the incident is alleged to have taken place in densely populated locality but the alleged victim has not raised any alarm when the accused persons entered her house or when the accused persons left after committing rape with her. He further submitted that the alleged victim has refused her medical examination to be conducted. He submitted that the applicant is languishing in jail since 26.11.2020, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
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, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , 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 Mahaveer 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 :- 23.6.2021 R./
1 issue framed by the court
Whether the applicant is entitled to release on bail under the stated conditions.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶10
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
Mahaveer
Ajit Singh
As recorded by the court registry
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Ajit Singh
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