High Court
Case Details
Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6230 of 2022 Applicant :- Babu Ansari Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Suresh Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Legal Reasoning
Heard Shri Suresh Singh, learned counsel for the accused- applicant as well as learned A.G.A. for the State and perused the record. This bail application has been moved by the accused/applicant- Babu Ansari for grant of bail, in Case Crime No.621 of 2015, under Sections 376, 506 I.P.C., Police Station Amaria, District Pilibhit, during trial. Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution. It is further submitted that it is a case of false implication and the allegations, which have been levelled in the first information report as well as in the statement of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., are patently false, absurd and could not be believed and the same have been imputed only on the basis of local political enmity. It is also submitted that the F.I.R. of the instant case was lodged by none other than the prosecutrix herself on 07.09.2015 under Section 354 I.P.C. pertaining to the incident occurred on 06.09.2015 at about 02:30pm stating therein that the prosecutrix had gone to the ration shop of the applicant for the purpose of taking ration, however, the applicant caught hold of her hand and molested her. The incident was seen by witnesses Harprasad @ Pappu and Veerbal Kashyap. The statement of the prosecutrix was recorded under Section 161 Cr.P.C., wherein she has supported the allegation of the F.I.R. and it was on 16.09.2015, in her statement recorded under Section 164 Cr.P.C. she imputed allegation of rape. Medical examination of the prosecutrix was held on 22.09.2015, wherein no injury has been found on the person of the prosecutrix and no definite opinion about sexual assault was given. Highlighting the above factual matrix, it is vehemently submitted by learned counsel for the applicant that age of the prosecutrix is about 40 years as is evident from her statement recorded under Section 164 Cr.P.C. as well as the age written in her medical examination report. It is also submitted that the F.I.R. of the incident was lodged by the prosecutrix herself, wherein no allegation of rape was levelled. So much so in her statement under Section 161 Cr.P.C., she has not imputed any allegation of rape and it was only after many days i.e. on 16.09.2015 in her statement recorded under Section 164 Cr.P.C., the factum of rape for the very first time was alleged by the prosecutrix, which in the facts and circumstances could not be believed and appears to be politically motivated. It is next submitted that no injury of any kind, which may suggest forceful sexual activity, has been found on the person of the prosecutrix. Applicant is in jail in this case since 03.01.2022, he is not having any criminal history and is of the age of about 57 years. Charge-sheet in this case has already been submitted and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty. Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the allegations of the F.I.R. have been fortified by the prosecutrix in her statement recorded under Section 161 Cr.P.C. and in her statement recorded under Section 164 Cr.P.C. she has alleged the factum of rape, thus keeping in view evidence available against the applicant, he is not entitled to be released on bail. Having heard learned counsel for the parties and having perused the record, it is evident that the F.I.R. of this case was lodged by the prosecutrix herself, wherein no allegation of rape was levelled. It was many days after the lodging of the F.I.R. in her statement recorded under Section 164 Cr.P.C. on 16.09.2015, the factum of rape for the very first time was imputed against the applicant. The applicant is aged about 57 years as is evident from the observations of the magistrate in its order dated 14.09.2015, whereby the applicant was released on bail for the offence under Section 354 I.P.C. The age of the prosecutrix is shown to be about 40 years. In the medical/injury report of the prosecutrix no injury has been found on her person and no definite opinion about sexual assault has been given. Charge-sheet in this case has already been filed. Applicant is in jail in this case since 03.01.2022 without any previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions. Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed. Let the accused/applicant- Babu Ansari involved in above- mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) 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 before the bonds are accepted. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 22.4.2022 Anupam S/- Digitally signed by ANUPAM SINGH PATEL Date: 2022.04.22 16:32:48 IST Reason: Location: High Court of Judicature at Allahabad