Allowed

Nirdesh S/O Ram Naresh v. State of U.P. Thru. Prin. Secy. Home Lucknow

Allahabad HC2 Aug 2022/8624/2022

Case brief

AI extract

What is this about?

Bail granted to applicant Nirdesh inaporan of alleged rape. Court noted medical report did not support rape allegations and found contradictions in victim statements, applying precedents on Article 21 and bail law.

What did the court decide?

Applicant enlarged on bail by executing personal bond and two sureties, subject to specified conditions regarding appearance and conduct.

Nirdesh S/O Ram Naresh Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8624 of 2022

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Applicant :- Nirdesh S/O Ram Naresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow

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Counsel for Applicant :- Manohar Lal Syal,Ram Naresh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Shri Ram Naresh Singh, the learned counsel for the applicant, Shri S. K. Upadhyaya, the learned A.G.A. for the State and perused the record.

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The applicant, Nirdesh, has moved the present bail application seeking bail in Case Crime No. 190 of 2022, under Sections 376, 452, 504, 506 I.P.C., Police Station Shahabad, District Hardoi.

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Learned counsel for the applicant submits that applicant has falsely been implicated in the case only with intention to defame the image of applicant and his family members in the society. No such incident, as alleged by the prosecution in the F.I.R. took place. The victim is a major girl aged about 19 years as per the version of F.I.R. and as per her statement recorded under Section 161 Cr.P.C.

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Learned counsel for the applicant further submits that as per the prosecution on 25.04.2022 at about 11.00 p.m. when the victim was sleeping in her house which is opened from all the sides and there is no door, her father, mother and brother were sleeping nearby, the applicant entered into her house and committed her rape forcibly by putting cloth in her mouth. Anyhow when the victim raised alarm then her father, mother and brother came there, whereafter the applicant ran away. The same version was repeated by the victim in her statement recorded under Section 161 Cr.P.C. In her statement recorded under Section 164 Cr.P.C. the victim has also levelled allegation of rape against the applicant.

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Learned counsel for the applicant further submits that the entire story narrated by the victim in her statements recorded under Sections 161 and 164 Cr.P.C. and in the F.I.R. has been made with malafide intention as the marriage of applicant was fixed for 08.05.2022 with another girl, when the victim came to know about the marriage of the applicant she became annoyed as she

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was in one sided love with the applicant and wants to marry with him, and for the reason that applicant could not marry with another girl, the first information report, in issue, has been lodged. A copy of invitation card showing the marriage of applicant fixed for 08.05.2022 is annexed as Annexure-6 to the affidavit filed in support of the bail application.

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Learned counsel for the applicant further submits that the allegation of rape as levelled by the victim in the F.I.R. as well as in her statements recorded under Sections 161 and 164 Cr.P.C. got demolished after perusal of her medical report, wherein doctor has opined that no mark of external or internal injury found on her private parts and no definite opinion can be given about sexual assault. It was further observed by the doctor that no discharge or bleeding was present at the time of her examination. Thus, medical report of the victim does not support the allegation of rape levelled by the victim.

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Learned counsel for the applicant further submits that entire prosecution story has been set up by the victim only with intention to falsely implicate the applicant and to create pressure upon him to marry with the victim, therefore, the applicant be enlarged on bail by this Court sympathetically.

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Several other submissions regarding legality and illegality of the allegations made in the F.I.R. have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused, have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant undertakes that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the applicant is not having any criminal history, which fact has been stated in para-16 of the affidavit filed in support of the bail application. The applicant is in jail since 28.04.2022, and that in the wake of heavy pendency of cases in the courts, there is no likelihood of any early conclusion of trial.

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Learned A.G.A. opposed the prayer for bail and submits that applicant is involved in a heinous crime, therefore, his prayer for bail may be rejected.

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After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of

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detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and considering the fact that there is a vast contradiction in the statements of the victim recorded under Sections 161 and 164 Cr.P.C. and also in the version of the F.I.R.; allegations of rape with the victim is also not supported by her medical report as doctor has opined that no mark of external or internal injury found on her private parts and no definite opinion can be given about sexual assault; as per her own statement the victim is aged about 19 years, thus she is a major girl and knows consequences very well; and considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of U.P. and another , reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.

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The prayer for bail is granted. The application is allowed.

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Let the applicant, Nirdesh, involved in Case Crime No. 190 of 2022, under Sections 376, 452, 504, 506 I.P.C., Police Station Shahabad, District Hardoi, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

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(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

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(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

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(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(5) In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(6) The applicant shall remain present, in person, before the

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trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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(8) 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.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.

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Order Date :- 2.8.2022 Mustaqeem

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Digitally signed by MOHD MUSTAQEEM KHAN Date: 2022.08.04 10:15:19 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Nirdesh S/O Ram Naresh v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

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What did the court decide?

Nirdesh S/O Ram Naresh v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

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