Vakil Patel v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48391 of 2023 Applicant :- Vakil Patel Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Gond Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Lalit Kumar Gond, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 149 of 2023, under Sections 376, 452, 504, 506 IPC, Police Station Utraon, District Prayagraj during pendency of the trial.

¶3FIR of the present case was lodged on 16.08.2023 against applicant and according to the FIR on 05.01.2023 and 12.08.2023 applicant committed rape with the informant i.e. victim.

¶4Learned counsel for the applicant submitted that admittedly informant i.e. victim of the case is major girl aged about 20 years and although as per allegation first time applicant committed rape with her on 05.01.2023 and second time he committed rape on

12.08.2023 but FIR of the present case was lodged on 16.08.2023 and this fact clearly suggests that entire allegation made against the applicant is totally false.

¶5He further submits that story narrated by the victim appears to be quite improbable and applicant is not having any criminal history and in the present matter he is in jail since 17.08.2023.

¶6Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that from the date of alleged first rape FIR was lodged after eight months. He further could not dispute the fact that victim is major girl aged about 20 years.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8However, in the FIR as well as in both the statements of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. there is allegation of rape against the applicant but victim is major girl and story narrated by her does not appear to be convincing.

¶9Further as per victim first time rape was committed on

05.01.2023 but in spite of that FIR was lodged on 16.08.2023 i.e. after eight months from the date of first rape alleged to have been committed by the applicant. Further, applicant is not having any criminal history and in the present matter he is in jail since

17.08.2023.

¶10Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant -Vakil Patel 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.

¶13In 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.

¶14It 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 :- 9.11.2023 AK Pandey High Court of Judicature at Allahabad