Allahabad High Court
Nauraim Naresh Singh vs State Of U.P. on 1 July, 2021
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31059 of 2020
Applicant :- Nauraim Naresh Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Sharique Ahmed,Saqib Meezan
Counsel for Opposite Party :- G.A.,Padmaker Pandey
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Saqib Meezan, learned counsel for the applicant and learned AGA for the State through video conference and perused the record.
This application is filed in the month of August, 2020 we are in July, 2021. The applicant is Sepoy in Army.
This bail application has been moved seeking bail in Case Crime No.25 of 2020, under Sections 376 and 506 I.P.C., Police Station Chhawni, District Kanpur Nagar, lodged by wife of applicant's boss.
It is on record as narrated by applicant's wife Naorrem Sumila Devi that her husband(applicant) is Gunman/Sepoy in the Army. The complaints, her husband is his superior officer used the applicant as a domestic servant in the house, they had taken all kind of householdand labour work which could not be taken from Sepoy, when he complained against the same, the wife of his senior lodged a complaint. The deponent named Naorrem Sumila Devi is wife of the Sepoy and has stated she has faith in her husband that he would not commit such offence he has been roped inn the offence.
The factual data which emerges from medical examination by the Doctor of prosecutrix which is at Annexure No.6 goes to show that the doctor did not find any injury on the internal part of the body of the prosecutrix. The medical evidence shows that there was absence of spermatozoa also. The Doctor opined that opinion about sexual assault could not be given as there was absence of the same.
At this juncture, it would be quite relevant to mention that the accused is a Sepoy in the Army. There seems to be some dispute between him and under whom he was posted. It would not be out of place to even peruse the allegations levelled by the wife of the present accused against the Major which speaks a lot about the conduct of higher officials.
Learned counsel for the private respondent was also heard at length, his submissions that rape has been conclusively proved cannot be accepted at this stage as medical evidence will have to be proved by leading cogent evidence before the trial court.
The F.I.R. and the medical evidence prima facie do not corroborate with each other.
The accused is entitled to bail at this stage as he is not likely to abscond nor is he likely to influence the prosecutrix or the other witnesses. It is further submitted by learned counsel that the complainant and her husband have filed the complaint and the allegations levelled are fabricated and the medical evidence which has been annexed with the petition shows that there was no injury and the Doctor has stated only attempt to rape and according to the prosecutrix also there was attempt to rape, even in her statement under Section 164 she has noway stated that there was raped. All this fact will permit this Court to grant of bail to the petitioner. It would not be out of place to mention here that I have not perused the other documentary evidence at this stage as that might cause prejudice to the prosecution or the accused. The Accused is in jail since 12.05.2020 be enlarged on bail as contours for grant of bail as enumerated in National Investigation Agency V. Zahoor Ahmad Shah Watali, AIR 2019 SC 1734 are fulfilled. This court has come to the conclusion that the accused is entitled to bail as his presence could be procured at the time of the trial. The judgment in the case of Manish Solanki V. State of Rajasthan, (2019) 4 SCC 340 will also enure for the benefit of the accused.
The contours for grant on bail as enunciated by the Apex Court will also permit this Court to grant bail to the accused
Let the applicant-Nauraim Naresh Singh be enlarged on bail in Case Crime No.25 of 2020, under Sections 376 and 506 I.P.C., Police Station Chhawni, District Kanpur Nagar on his furnishing a personal bond of Rs.10,000/- and two sureties each in the like amount with thethe following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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.
Order Date :- 1.7.2021
A.N. Mishra
