Allahabad High Court
Raja vs State Of U.P. on 5 October, 2016
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35122 of 2015
Applicant :- Raja
Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Tiwari,Akhilesh Kumar Srivastava,Sanjay Pathak
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Karuna Nand Bajpayee,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard Shri Arvind Kumar Tiwari, learned counsel for the applicant, Shri Akhilesh Kumar Srivastava, learned counsel for the informant and learned A.G.A.
Perused the record.
Submission of counsel for the applicant is that according to the medical examination the age of the victim girl is about 18 years and her parents had shown her age on lower side in the school, according to which she is of about 17 years in age. Further submission is that actually the victim girl is much above this age and is a fully grown up major girl. It has been further submitted that the victim was carrying on an affair with the applicant and whatever happened was with her consent and volition. Counsel has drawn the attention of the Court to love letters, which have been annexed as Annexure-9 along with this application. Counsel has also drawn attention of the Court to the statements given by the victim before the Investigating Officer and before the Magistrate. Submission is that though the allegation of rape was made against the applicant by the victim before the Magistrate but when she was examined before the Investigating officer she had not made any allegation of rape against the applicant and had categorically admitted her love for the applicant and also admitted that she established physical relationship with the applicant with her consent and will and even expressed her desire to go along with the applicant. Further submission is that even before the Magistrate the girl admitted that sexual relationships were established 8-9 months before the incident also and as a result of which she also conceived and had become pregnant. Contention is that if the sexual relationship was going on against her will then it is wholly inconceivable as to how the matter remained unreported for such a long period of time. Contention is that the general tenor of the statements given by the victim is that she was a consenting party and it is not a case of any coercion having been exercised on her. Only because the parents of the victim were disagreeable to this relationship, the applicant has been falsely implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 14.6.2015 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Raja, involved in Case Crime No.289 of 2015, u/s 363, 366, 376g, 506 I.P.C. and 5/6 POCSO Act, P.S.-Atrauli, District-Aligarh be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 5.10.2016/M. Kumar
