Sonu v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45836 of 2023 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 168 of 2023 at Police Station-Urua, District-Gorakhpur under Sections 354-Kha, 376D, 506 I.P.C. The applicant is in jail since 21.07.2023. The bail application of the applicant was rejected by the learned trial court on 06.10.2023. The following arguments made by Shri Kamlesh Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Shravan Kumar Dubey, learned AGA for the State from the record, entitle the applicant for grant of bail:

¶1The delay in lodgment of the FIR in the facts and circumstances of the case is fatal to the prosecution case.

¶2The F.I.R. is regarding a land dispute between the principal offender Raju and Ravi.

¶3The applicant has been nominated only because he is the friend of said accused persons and had supported them in the land dispute.

¶4No allegation of commission of rape was made in the F.I.R. or in the statement of the victim under Section 161 Cr.P.C.

¶5False and aggravated allegation was subsequently made by the victim in her statement under Section 164 belatedly after due deliberations and interested parties.

¶6Major inconsistencies in the statements of the victim under Sections 161 Cr.P.C. and Section 164 Cr.P.C. as well as the recitals in the F.I.R. discredit the prosecution case.

¶7Medical evidence to corroborate the commission of rape by the applicant with the victim has not been produced by the prosecution.

¶8The applicant does not have any criminal history apart from this case.

¶9The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial 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-Sonu 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 :- 7.11.2023 Jaswant High Court of Judicature at Allahabad