Point of Law : Grant of bail considering the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence.

JUDGMENT :

Shamim Ahmed, J.

Heard Shri Lal Bahadur Khan, the learned counsel for the applicant and Shri Ravish Kumar Mishra, the learned A.G.A. and perused the record.

2. The applicant, Khalid, has moved the present bail application seeking bail in F.I.R. No. 157 of 2021, under Sections 354, 506, 376 I.P.C., Police Station Hanswar, District Ambedkar Nagar.

3. Learned counsel for the applicant submits that the applicant has been roped in, in a false and fabricated case by the complainant. The complainant alleges in the F.I.R. that she is the sister-in-law (Bhabhi) of the applicant. She got married with Mohammad Hashim, elder brother of the applicant, who died two years back, she is having two sons. Her brother-in-law, Khalid, used to visit her parental house, and on finding her alone he used to commit obscene act with her. When she complained about the same to her father-in-law and other brothers-in-law, then they threatened her for dire consequences.

4. Learned counsel for the applicant further submits that the applicant has been falsely implicated in the present case by the victim/ complainant. He is the brother-in-law (Devar) of the complainant. Initially the F.I.R. was lodged under Sections 354, 506 I.P.C. In her statement recorded under Section 161 Cr.P.C., the victim repeated the same version of the F.I.R. and there was no allegation of rape. Thereafter in her statement recorded under Section 164 Cr.P.C. the victim developed her case further and the allegation of rape was levelled against the applicant. Her medical examination was conducted. No sample of vaginal smear could be taken as the incident was occurred 17 days prior to the date of examination. No any internal or external injury was found or present on her person at the time of her examination. It was further submitted that there are huge contradictions between the averments made in the F.I.R., in the statement of the victim recorded under Section 161 Cr.P.C. and in her statement recorded under Section 164 Cr.P.C.

5. Learned counsel for the applicant further submits that the real brother of the applicant, Mohammad Hashim committed suicide on 11.12.2017, in this regard the applicant lodged a first information report bearing F.I.R. No. 162 of 2017, under Section 306 I.P.C. at Police Station Hanswar, District Ambedkar Nagar, against the complainant and her other family members. In the said case after due investigation the complainant and her other family members have been charge sheeted and the trial is going on.

6. Learned counsel further submits that the entire allegation against the applicant and his family members has been levelled by the complainant with intention to built pressure upon the applicant not to pursue the criminal case lodged against her and her family members, and also to get some share in the property of the applicant's father. This fact has also been chalked out from the statement given by the complainant in the statement recorded under Section 161 Cr.P.C., whereas, the facts remain the same that the complainant is living since long in her parental house and only to get the share she has roped in the entire family of the applicant in the criminal case.

7. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has 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. The applicant undertakes that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the applicant is not having any criminal history and he is in jail since 05.12.2021 and