Allahabad High Court
Jagdish vs State Of U.P. And Another on 26 August, 2021
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22938 of 2021
Applicant :- Jagdish
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar Mishra
Counsel for Opposite Party :- G.A.,Laloo Yadav
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of informant and perused the record of the case.
By means of this application, applicant-Jagdish, who is involved in Case Crime No. 199 of 2018, under sections 376, 506 IPC and sections 3/4 of Protection of Children from Sexual Offences Act, police station Nauganwa Sadat, district Amroha, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the first information report dated 02.08.2018 by the informant, who is the mother of the victim, regarding the incident, which took place since last 40 days, against the applicant alleging inter alia that her daughter, aged about 15 years was taken away by the applicant to his agricultural field on the pretext of labour work, but on the pointing of country made pistol, he has committed rape upon her and threatened to her that if she told to anyone about the same, he will kill her and her family members.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is argued by the learned counsel for the applicant that the victim in her statements under sections 161 and 164 Cr.P.C. has made allegation of committing rape against the applicant, but she has also stated that at the time of said offence, the wife of the applicant was also present there. Referring to the aforesaid statement of the victim, it is submitted by the learned counsel for the applicant that normally no wife will permit her husband to commit such crime in her presence. It is next submitted by the learned counsel for the applicant that as per report dated 07.08.2018 of Chief Medical Officer, Amroha, the radiological age of the victim is about 17 years. The Investigating Officer in this case has also recorded second statement of the informant/mother of the victim, in a questionaire form, in which she has admitted that she has lodged the first information report against the applicant on the instigation of Sau Singh, Amar Singh, Dharampal and Mahipal, who told her that she will get financial benefit on lodging FIR against the applicant. It is also pointed out by the learned counsel for the applicant that in the year 2007, the applicant had lodged first information report regarding the murder of his father against accused persons, namely Rajesh, Peetam, Roshan, Dharampal and Diwan, which was registered as Case Crime No. 1908 of 2007, under sections 302 read with sections 148, 149, 504 IPC, police station Nauganwa Sadat, district Amroha (J.P. Nagar), in which they have been convicted and sentenced by the trial court in Sessions Trial No. 286 of 2008 vide judgment and order dated 31.10.2015. Against the aforesaid order dated 31.10.2015, the aforesaid accused persons preferred Criminal Appeal Nos. 5242 of 2015, 5245 of 2015 and 5246 of 2015 before this Court, in which they have been granted bail by Division Bench of this Court vide common order dated 07.09.2016. Thereafter, they have manipulated things and succeeded in getting the FIR lodged against the applicant through the mother of the victim. It is further pointed out by the learned counsel for the applicant that the Investigating Officer after investigation submitted final report in the matter, but on the protest application filed by the informant, the applicant has been summoned by the court concerned. On the strength of aforesaid fact, it is vehemently urged by the learned counsel for the applicant that false implication of the applicant in the present crime is apparent on record. It is also submitted that the applicant is facing detention since 28.03.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate as well as learned counsel appearing on behalf of informant opposed the bail prayer of the applicant, but do not dispute about factual aspect of the matter relating to lodging of FIR by the applicant against accused persons, namely Rajesh, Peetam, Roshan, Dharampal and Diwan and their conviction by the trial court as well as their relations with the mother of the applicant.
After having heard the argument of learned cousnel for the parties, I find that from the second statement of informant/mother of the victim, it is apparently clear that she was in collusion with the aforesaid accused persons, against whom, the applicant had lodged FIR regarding murder of his father. The Court is conscious that in a rape case, the statement of victim is primary consideration, but there is presumption under the law that the victim will always narrate the prosecution story truthfully. Considering the facts and circumstances of the case, this Court is of the view that possibility of false implication of the applicant in the present crime cannot be ruled out and the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Jagdish, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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 or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.8.2021
Sazia
