In a bail application by Lala @ Gorav for rape and murder charges, the High Court granted bail without expressing an opinion on the merits, relying on precedent and Article 21, while directing the trial court to expedite proceedings within six months.
Released on bail under Sections 376, 511, 302 IPC on furnishing personal bond and two sureties.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19193 of 2022
Applicant :- Lala @ Gorav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
Brief fact of the case is that prior to four days of the incident, informant's daughter aged about 14 years was argued by the applicant to make illicit relations and when she refused, threat was given to her to kill with a knife. She told about the said incident to her mother. It is further mentioned in the F.I.R. that on 27.12.2012 at about 4:30 pm, when his daughter was on the way to attend the call of nature in the field of mustered, accused Lala @ Gaurav with Rika @ Jitendra reached there and tried to commit rape upon her. On her screaming, some persons reached there and both the accused committed the murder of her daughter by knife.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused Rinka Alias Jitendra was convicted in the present case for life imprisonment and thereafter he has preferred Criminal Appeal No. 3879 of 2015 before this Court against the conviction order. The said appeal was allowed by this Court, which is annexed as Annexure-13 to the affidavit filed in support of bail application. It is further submitted that post-mortem report clearly reveals that there is no sign of any external injury on the private part of the deceased and cause of death is recorded as asphyxia due to ante-mortem injury. It is further submitted that injury no. 1, which is lacerated wound, cannot be caused by knife/country made pistol, weapon shown in the hand of the applicant. It is further argued that recovery of knife shown from the applicant has not been supported by any independent public witnesses. It is further submitted that entire prosecution story is an afterthought. There are material contradictions in the statements of the witnesses and no public witnesses has been examined to support the prosecution' case. It is further submitted that case of the applicant is identical to the case of co-accused Rinka @
Jitendra as in F.I.R. both the accused have assigned role of causing injury by knife, however, deceased has sustained only one injury on her neck. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has 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. It has also been submitted that the applicant is languishing in jail since 11.1.2013. It has been pointed out that the applicant has no previous criminal history.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Lala @ Gorav, be released on bail in Case Crime No. 342 of 2012, under Sections- 376, 511, 302 IPC, Police Station- Pali Mukimpur, District- Aligarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must
not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 20.7.2022 A.P. Pandey
Digitally signed by ANAND PRAKASH PANDEY Date: 2022.07.25 13:29:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bailCan be granted to an accused facing charges of rape and murder considering the nature of accusation and supporting evidence.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Lala @ Gorav
Vivek Kumar Singh
Anand Prakash Pandey
As recorded by the court registry
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