Rehan v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49834 of 2023 Applicant :- Rehan Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the F.I.R. was lodged by the victim herself stating therein that applicant and one other accused on the pretext of visiting Bareilly took her and on the way in a sugarcane field at Hafizganj they committed her rape forcibly, when she opposed both the accused persons pressed her mouth, however, when she made noise some passengers came there and saved her and the accused persons were arrested by the police on the spot. Learned counsel for the applicant further submits that in her statement recorded under Section 161 Cr.P.C. the victim has repeated the same version of the F.I.R. lodged by her. Learned counsel for the applicant further submits that in her statement recorded under Section 164 Cr.P.C. the victim has stated that she was going to Bareilly, when she came out from an auto at Nawabganj both the accused met her and told her that they were also going Bareilly and will left her, but on the way at Gautia near Hafizganj both the accused persons committed her rape forcibly. Learned counsel for the applicant further submits that as per version of the prosecution case the victim is aged about 18 years. Learned counsel for the applicant further submits that in the medical examination of the victim her hymen was found ruptured and the bleeding was present due to menses and in the supplementary medical examination report no spermatozoa either dead or alive was seen and the doctor has opined that no definite opinion about sexual assault can be given on the basis of sperm report, thus, it has been argued that medical reports of the victim does not support the prosecution case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 21.09.2023, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Rehan, involved in Case Crime No. 497 of 2023, under Sections 376-D, 366, 504, 506 I.P.C., Police Station Nawabganj, District Bareilly, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

¶6The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶7The bail application is allowed. Order Date :- 30.11.2023 Mustaqeem. High Court of Judicature at Allahabad