Smt. Raj Rani @ Rajjui vs State Of U.P.
2013 Latest Caselaw 2613 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14114 of 2013
 

 
Petitioner :- Smt. Raj Rani @ Rajjui
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Raj Narayan Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shashi Kant Gupta,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that as per the medical report age of the prosecutrix is about 18 years and no definite opinion about rape has been given by the doctor.  He further submits that neither any external nor internal injury was found on the private parts or the person of the prosecutrix.  The doctor further opined in the said report that the prosecutrix was having eight weeks pregnancy.  He further submitted that the only role assigned to the applicant is of encouraging the prosecutrix to elope away with the co-accused Veer Bhan, who is son of the applicant.  He further referred to the statement of the prosecutrix recorded under Section 161 and 164 CrPC to indicate that the prosecutrix was carrying on love affair with the co-accused Veer Bhawan and she, out of her own free will and volition, eloped with the co-accused and remained in the company of the co-accused for several days and travelled few places including Puna and did not raise any alarm.   He further submitted that the aforesaid conduct of the prosecutrix clearly suggests that she was a consenting party.   The applicant is in jail since 30.3.2013.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

Let the applicant Smt. Raj Rani @ Rajjui involved in Case Crime No. 12 of 2013, under Sections 363, 366, 376 & 368 I.P.C., P.S. Mau, District Chitrakoot be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i)The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurise/ intimidate the prosecution witness.

(iii)The applicant will appear before the trial court on the date fixed.

In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.

Order Date :- 23.5.2013

vinay