The High Court allowed the bail application of the accused in a non-bailable offence involving IPC Sections 377 and 506, where the FIR was lodged with a significant delay and no injuries were found on the victim during the medical examination.
Allowed the bail application; Applicant to be released on personal bond and two sureties subject to standard conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8394 of 2022
Applicant :- Bhawani Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.,Nanhe Lal Tripathi
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Jaysingh Yadav, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State, Shri Nanhe Lal Tripathi, the learned counsel for the informant and perused the record.
2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 136 of 2021 under Sections 377 and 506 I.P.C., P.S. Pali, District Lalitpur.
3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 21-12-2021 at 19:23 hours by the informant alleging that on 20-12-2021 at about 8:00 AM the applicant, who is son of the informant's uncle, sodomized her. Medicolegal examination of the victim was conducted on 20-12-2021 at 8:00 PM in which no injury or any sign of use of force has been found.
4.The police recorded statement of the Doctor who has conducted the medico-legal examination of the informant and she has stated that no injury was found on the person of the informant.
5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case because of a property dispute, he is having no previous criminal history and he is in jail since 2112-2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
6.Per contra, the learned counsel for the informant and the learned A.G.A., on the basis of instructions have opposed the prayer for grant of bail to the applicant. However, they could not dispute the aforesaid aspects of the case.
7.Keeping in view the aforesaid facts, particularly the fact that the F.I.R. of the incident has been lodged with a delay of 36
hours and there is no explanation for the delay as also the fact that in the medico-legal examination report as well as in the statement of the Doctor, who has conducted the medico-legal examination of the informant, no injury or sign of use of force has been reported, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
8.Let the applicant - Bhawani Singh be released on bail in Case Crime No. 136 of 2021 under Sections 377 and 506 I.P.C., P.S. Pali, District Lalitpur on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
9.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 4.8.2022
pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.05 13:29:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail given the delay in lodging the FIR and absence of injuries in the medical report.
Bhawani Singh
State of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
