High Court
Case Details
Neutral Citation No. - 2023:AHC:116285 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19605 of 2023 Applicant :- Gopal @ Ramgopal Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Tripathi,Raghuvansh Misra Counsel for Opposite Party :- Awadhesh Prasad Hon'ble Sameer Jain,J.
Legal Reasoning
1. Heard Sri Raghuvansh Misra, learned counsel for the applicant; Sri R.K. Ghawar, Advocate holding brief of Sri Awadhesh Prasad, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 124 of 2022, under Sections 376, 308, 506 IPC, Police Station Katera, District Jhansi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that instant bail application has been filed under section 376, 308, 506 IPC and earlier applicant has been released on bail in the same case crime number under section 452, 354A, 354D, 504 IPC 4. He further submits that in the FIR there was no allegation of rape and when the statement of the victim was recorded under section 161 Cr.P.C. on 9.12.2022 then she although stated that applicant tried to outrage her modesty and thereafter she jumped from the roof and sustained injury but did not make allegation of rape and after considering her statement recorded under section 161 Cr.P.C. Judicial Magistrate concerned granted bail to the applicant on 17.12.2022 under sections 452, 354A, 354D, 504 IPC but after granting bail when the statement of the victim was recorded under section 164 Cr.P.C. on 22.12.2022 i.e. after five days then she changed her earlier version and stated that applicant committed rape with her on the point of countrymade pistol and thereafter, he pushed her from the roof and therefore, she sustained injuries and after the statement of the victim recorded under section 164 Cr.P.C. sections 376, 308 and 506 IPC were added. 5. He further submitted that victim in her earlier statement recorded under section 161 Cr.P.C. did not make any allegation of rape and pushing her from the roof, therefore, it appears that she developed new stray in her subsequent statement recorded under section 164 Cr.P.C. on the instigation of the informant and therefore, no reliance can be placed on her subsequent statement and as applicant has earlier released on bail in the present matter, therefore, he may also be released on bail in added sections 376, 308, 506 IPC. 6. He further submitted that even as per the school records, age of the prosecutrix at the time of incident was around 19 years. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that in the statement recorded under section 164 Cr.P.C. victim made serious allegation of rape and also stated that after committing rape, applicant pushed her from the roof due to which she sustained injuries but could not dispute the fact that earlier when her statement was recorded under section 161 Cr.P.C. then she only stated that applicant outraged her modesty and thereafter she herself jumped from the roof and after considering the statements of victim recorded under section 161 Cr.P.C. learned Magistrate granted bail to him and victim is a major girl aged about 19 years. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the perusal of the record, it reflects that earlier on 17.12.2022 applicant has been released on bail in the present matter by the Judicial Magistrate under sections 452, 354A, 354D, 504 IPC and it appears that at the time of granting bail, statement of the victim could not be recorded under section 164 Cr.P.C., but her statement under section 161 Cr.P.C. had already been recorded on 9.12.2022 and it appears from the record that on 22.12.2022 i.e. after five days from the date of granting bail to the applicant, statement of the victim was recorded under section 164 Cr.P.C. 10. From perusal of the statement of the victim recorded under section 164 Cr.P.C., it appears that she made serious allegation against the applicant and stated that applicant at the point of countrymade pistol committed rape with her and thereafter, pushed her from the roof due to which she sustained injuries, therefore, it appears that there are material contradictions in the statements of the victim recorded under sections 161 and 164 Cr.P.C. 11. As there are material contradictions in the statements of the victim recorded under sections 161 and 164 Cr.P.C. and at the time of granting bail to the applicant on 17.12.2022, statement of the victim had already recorded under section 161 Cr.P.C. and after granting bail her statement under section 164 Cr.P.C. was recorded in which she changed her earlier version, therefore, in my view applicant is entitled to be released on bail in the added sections also. 12. Therefore, from the discussions made above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Gopal @ Ramgopal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 24.5.2023 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad