Ajay Yadav @ Chhotu v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50499 of 2023 Applicant :- Ajay Yadav @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.,Ram Pravesh Yadav Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State as well as Shri Ram Pravesh Yadav, the learned counsel for the informant and perused the record.

¶2Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. Learned counsel further submits that applicant is named along with two other accused persons in the F.I.R. with the allegation that in the night of incident the applicant entered into his house and has committed rape of his wife, when his wife made noise the informant reached there and tried to save his wife the applicant started abusing and assaulted the informant and his wife, thereafter, two other accused persons who are real brothers of applicant came at the spot and started assaulting them and on noise when other persons came there the accused fled away while threatening them. Learned counsel for the applicant further submits that though the informant in his statement recorded under Section 161 Cr.P.C. as well as the victim in her statements recorded under Section 161 & 164 Cr.P.C. have made specific allegation of rape against the applicant but as per the medical examination report of the victim, except one abrasion on her arm no other injury was found on her internal examination of the victim and no spermatorzoa was seen on her vaginal smears and doctor has opined that no no definite opinion can be given regarding sexual assault, thus, learned counsel for the applicant that medical evidence does not support the prosecution case regarding commission of rape upon the victim by the applicant, thus, applicant has falsely been implicated in the 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 06.10.2023, having no criminal history.

¶3Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that there is specific allegation of rape against the applicant in the F.I.R. as well as in the statements of informant and the victim, therefore, 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-Ajay Yadav @ Chhotu, involved in Case Crime No. 216 of 2023, under Sections 376, 323, 452, 504, 506 I.P.C., Police Station Fariha, District Firozabad, 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 :- 4.12.2023 Mustaqeem. High Court of Judicature at Allahabad