HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3186 of 2021 Applicant :- Shivnivas @ Raje Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Counter affidavit on behalf of the State, filed in Court today, is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 773/2020, under Sections 376, 323, 504, 506 IPC, police station Kotwali, District Fatehpur with the prayer to enlarge the applicant on bail.
According to prosecution version on 18.08.2020 at 1.00 PM, applicant, who is resident of same colony, came at house of prosecutrix and committed rape upon her at the point of pistol.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that alleged incident has been shown of 18.08.2020, whereas FIR has been lodged on 12.11.2020 in pursuance of the order passed under Section 156(3) Cr.P.C. It was further submitted that prosecutrix is a married lady, aged 32 years and that her allegations are thoroughly false and baseless. Learned counsel has referred the record of whatsapp chatting between prosecutrix and applicant and submitted that this chat record clearly indicates that prosecutrix was a consenting party and that in order to extract money from applicant, prosecutrix has falsely implicated him in this case. It was also submitted that even before this incident, prosecutrix has lodged a case under Section 376 IPC in the year 2016 against one Ashish Yadav, but during trial she did not support her version regarding rape and said Ashish Yadav was acquitted vide judgment and order dated 30.10.2018, copy of which has been annexed as annexure no. 7 to the bail application. Learned counsel has further submitted that prosecutrix has not sustained any injury and that there are material inconsistencies in her version and that her allegation regarding rape is thoroughly false and improbable. It has further been argued that the applicant is in judicial custody since 24.11.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Shivnivas @ Raje Sahu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 2.8.2021 Anand