Vindhyachal v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42106 of 2023 Applicant :- Vindhyachal Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A.,Vikas Yadav Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.201 of 2023 at Police Station-Rampur Kharkhana, District-Deoria under Section 376D IPC. The applicant is in jail since

01.06.2023. The bail application of the applicant was rejected by the learned trial court on 03.08.2023. The following arguments made by Shri Ramesh Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Vikas Yadav, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1Delay of five days in lodgment of the F.I.R. in the facts and circumstances of the case is fatal to the prosecution case.

¶2Material inconsistencies in the F.I.R., statements of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C. discredit the prosecution case.

¶3Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

¶4The incident happened in a school premises where minimum staff like watchman is present at all times. However, no one was alerted when the incident happened.

¶5The applicant has explained his criminal history. It is contended that the applicant is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in another case only to show the proficiency of the police investigators. The said case does not have any bearing on the instant bail application.

¶6The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Vindhyachal 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 below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 6.11.2023 Ashish Tripathi High Court of Judicature at Allahabad