The court may grant anticipatory bail based on discrepancies in the evidence, coupled with the absence of a criminal history and other relevant circumstances.

JUDGMENT :

1. Heard Sri Rama Kant Dixit, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records.

2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 146 of 2018, under Sections 342, 376, 511, 354(A), 506 IPC & 7/8 POCSO Act, Police Station Motipur, District Bahraich.

3. The aforesaid case has been registered on the basis of an FIR registered on 13.05.2018 against the applicant and his three brothers, in furtherance of an application under Section 156 (3) Cr.P.C. filed on 30.03.2018 alleging that a property dispute is going on between the informant and the father of the accused persons. A non cognizable report was lodged regarding the accused persons having beaten the informant's wife on 20.02.2018. On 22.02.2018, when the applicant and his wife were away, the accused persons entered the informant's house and the applicant bitten away the ear of the informant's daughter and tried to rape her. Upon hearing the hue and cry, several persons reached there and accused persons ran away.

4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that only the applicant had entered her house and tried to disrobe her. She did not allege biting of her ear.

5. The medico legal examination report of the victim mentions no injury or sign of use of force on any part of her body.

6. Initially the Investigating Officer had submitted a final report on 04.08.2018. However, a protest application filed against the final report was allowed and the accused persons have been summoned.

7. In the affidavit filed in support of the application, it has been stated that the applicant is innocent, he has falsely been implicated in the present case and besides NCR mentioned in the FIR, there is no other criminal history.

8. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid discrepancy in the version of the FIR, statement of the victim and the findings of the medico legal examination report, coupled with the fact that there is an old property dispute between the parties and besides the NCR mentioned in the FIR, the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Paras Nath before the learned Trial Court in the aforesaid complaint case, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicant shall not, directly or indirectly make any 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 to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness.