Allahabad High Court
Rahul Ahirwar vs State Of U.P. on 30 June, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19266 of 2021
Applicant :- Rahul Ahirwar
Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Arun Kumar Singh, learned counsel for the applicant - Rahul Ahirwar. Sri Vikas Goswami, learned AGA for the State.
2. Counsel for the applicant submits that case of consensual sex between two adults has been converted into rape under section 376 Cr.P.C. Reading contents of the FIR dated 16.1.2021 registered at police station - Sadar Bazar, District Jhansi under section 452. 376, 506, 386 IPC against the applicant, it is submitted that complainant- prosecutrix has herself admitted that applicant Rahul Ahirwar had entered into her house about a year back and committed rape on her at the gun point and threatened her to kill her son. It is submitted that for one year she did not report this matter to anybody. It is further submitted that victim refused to undergo medico external and internal examination in front of one Dr. Priyanka Chaudhary, Emergency Medical Officer, District Women Hospital, Jhansi. It is further submitted that applicant is innocent and he has been falsely implicated. It is admitted that applicant is staying in neighborhood of the complainant.
3. Learned AGA in his turn submits that applicant has a criminal history of 11 cases out of which, one was under section 302 read with section 34, 5043 IPC.
4. Counsel for the applicant submits that in Sessions Case No. 331/2015, Sessions Case No. 54/2016 and Sessions Court No. 333/2015, present applicant has already been acquitted by the learned Sessions Judge giving benefit of doubt vide judgment dated 3.11.2017. It is further submitted that in another case registered under section 10 of Goondas Act, applicant has been enlarged on bail vide order dated 9.2.2021. Taking note of this, it is submitted that applicant has been falsely implicated.
5. After hearing learned counsel for the parties and going through the record, no reason has been mentioned for delay in lodging the FIR. Victim has refused to undergo medical examination and further there is no corroborative evidence to prove the guilt of the applicant in the present case. Charge sheet has been filed. Trial is going to take much time. Applicant is already in custody since 21.1.2021.
6. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
7. Let the applicant Rahul Ahirwar involved in aforesaid case be released on bail on his furnishing a personal bond of Rs. 50,000/- and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
Order Date :- 30.6.2021
S.K.S.
