In cases of alleged rape, the court will consider the totality of the circumstances, including the victim's statements, the nature of the relationship between the parties, and the evidence presented, in determining whether to grant bail.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27839

of 2022

Applicant :- Chotu Alias Pramod Sen

Opposite Party :- State Of U.P And 3 Others

Counsel for Applicant :- Istiyaq Ali,Ali Hasan

Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

1. Heard learned counsel for the applicant, learned A.G.A for

the State and perused the record.

2. It has been argued by learned counsel for the applicant that

the applicant is innocent and has been falsely implicated in the

present case. He submits that the victim in her statement

recorded under Section 161 Cr.P.C. has specifically stated that

she has solemnised marriage with the applicant, however, in her

statement recorded under Section 164 Cr.P.C there is not even a

whisper about the marriage. He further submits that there was a

consensual relationship between the applicant and the victim

and the allegation of rape does not corroborate with the medical

report with the prosecution version. 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 06.04.2020 having no criminal history.

3. Learned A.G.A. has opposed the prayer for bail.

4. Considering the entire facts and circumstances of the case,

submissions of learned counsel for the parties, nature of

evidence, and all attending facts and circumstances of the case,

without expressing any opinion on merits of the case, this Court

is of the view that the applicant has made out a case for bail.

Hence the bail application is allowed.

5. Let applicant Chotu alias Pramod Sen, involved in Case

Crime No. 64 of 2020 under Sections 363, 366, 376 I.P.C., and

Section 3/4 of POCSO Act, Police Station Ghazipur, District

Fatehpur, be released 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:-

A. The applicant shall not tamper with the evidence during the

trial.

B. The applicant shall not pressurize/ intimidate the prosecution

witness.

C. The applicant shall appear before the trial court on the date

fixed, unless personal presence is exempted.

D. The applicant shall not commit an offence similar to the

offence of which he is an accused, or suspected, of the

commission of he is suspected.

E. 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 them from disclosing such

facts to the Court or to any police officer or tamper with the

evidence.

In case of breach of any of the above condition, the trial Court

shall be at liberty to cancel the bail of the applicant in

accordance with law.

Order Date :- 11.1.2023

S.Ali

Digitally signed by :-

SHAUKAT ALI

High Court of Judicature at Allahabad