In a bail application under IPC 376 and 354, the Allahabad High Court allowed the request for bail, directing the applicant to furnish a personal bond and two sureties subject to standard conditions.
Released on bail subject to personal bond, two sureties, and conditions not to tamper with evidence or influence witnesses; liable for cancellation on breach.
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Neutral Citation No. - 2023:AHC:102959
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15414 of 2023
Applicant :- Ram Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Pathak
Hon'ble Mayank Kumar Jain,J.
Vide supplementary affidavit, medical examination report of the prosecutrix is filed which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the informant and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 02 of 2023, under Sections 376, 354, 452, 506 of IPC, Police Station Basai Arela, District Agra with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case for the reason that victim and applicant belongs to the same family. Family members of the victim and the victim tagged the animal in front of the house of applicant when it was objected the present first information report was lodged making false allegation. It is also submitted that in the first information report and in the statement of victim recorded under Section 161 Cr.P.C. no allegation was made against the applicant by the victim while in her statement under Section 164 Cr.P.C. she improved her statement and made certain allegation against the applicant which are not corroborated by the medical evidence since no external or internal injuries were found and no sign of sexual assault was observed. It is submitted that the son of the victim Krishna, who is named witness in the first information report and the mother in law of the victim Rambahi who is also named witness in the FIR have not stated about committing rape by the applicant in their statement given to the Investigating Officer. It is further submitted that applicant is languishing in jail since 18.02.2023 having no criminal history and that in case he is released on bail, he will not
misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate assisted by learned counsel for informant has opposed the prayer for grant of bail and argued that a widow lady has been raped by the applicant and he is not entitled to be released on bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ram Naresh in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 12.5.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving rape, IPC 376, 354, 452 and 506.
Whether the medical evidence and discrepancies in victim statements support the grant of bail.
3 provisions across 2 enactments
Ram Naresh
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
