Allahabad High Court
Dinesh vs State Of U.P. on 27 August, 2014
Bench: Surendra Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29538 of 2013
Applicant :- Dinesh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Mishra,Rahul Mishra
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Surendra Singh,J.
Applicant-Dinesh seeks bail in Case Crime No. 401 of 2012 (S.T. No. 154 of 2012), under Section 376 I.P.C., Police Station Katra, District Shahjahanpur.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Submissions have been made by the learned counsel for the applicant that the victim according to the medical opinion was aged about 19 years and the doctor who had examined her was unable to give any opinion about the alleged sexual inter-course. The allegation contained in the FIR has not been supported by her in the statement recorded 161 Cr.P.C. She did not make any allegation of rape against the applicant in the statement recorded under Section 164 Cr.P.C. It was further argued that the statement of the victim cannot be accepted on the face of it and it is very unnatural and incompatible with the normal course of human conduct. However, the version given by the victim is unsupported by medical evidence and surrounding/ mitigating circumstances belie the case set up by her. Moreover, absence of any injury or mark of violence on her body improbablises/ demolishes the story set up by the prosecution. Her conduct therefore, clearly shows that she was a consenting party. If this be so, the applicant, who is in jail since 23.11.2012, having no criminal history to his credit, deserves to be released on bail.
The bail is, however, opposed by the learned A.G.A.
Considering the nature of the argument advanced and the allegations contained in the F.I.R., the applicant is entitled to be enlarged on bail.
Without expressing any opinion on the merits of the case, let the applicant-above named involved in aforesaid crime 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:-
1. That the applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.8.2014/S.S.
