In cases involving allegations of rape, the court may consider the medical examination report, the victim's statement during the medical examination, and the delay in the commencement of the trial when determining whether to grant bail.

Court No. - 88

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13220 of 2022

Applicant :- Istekar @ Istekhar @ Tulli

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

Counsel for Applicant :- Bhavya Sahai,Sr. Advocate

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard Sri Brijesh Sahai, learned Senior Advocate assisted by

Sri Bhavya Sahai, learned counsel for the applicant, learned

A.G.A. for the State and perused the entire record. No one has

appeared on behalf of the informant, despite service of notice.

The present second bail application has been filed by the

applicant in Case Crime No. 598 of 2020, under Sections 376,

34 I.P.C. and Section 3/4 POCSO Act, Police Station Kithore,

District Meerut with the prayer to enlarge the applicant on bail.

The first bail application of applicant was rejected by this Court

on merits, vide order dated 21.06.2021.

It has been argued by learned Senior counsel that applicant is

innocent and he has been falsely implicated in this case. It was

stated that during her medical examination, victim girl has

clearly stated that no rape was committed upon her. It was

submitted that the allegations of victim girl regarding rape

against the applicant are thoroughly false and improbable and

that no incriminating article has been recovered from his

possession. Co-accused Saroj has already been granted bail by

the Court below. It was stated that criminal history of one case

Crime No. 473 of 2020 was shown against the applicant, which

was also lodged by victim's father, but in that case applicant has

already been granted bail. Learned senior counsel submitted

that the whole prosecution story is false and concocted and

applicant has been falsely implicated due to enmity.

It has further been submitted that first bail application of

applicant was rejected by this Court vide order dated

21.06.2021 but the trial has not been commenced so far and

even the charges have not been framed. Learned senior counsel

pointed out the status report of the case, received from the court

below, wherein it has been mentioned that charges could not be

framed against the accused persons so far, due to absence of co-

accused Saroj. It was also pointed out that as per medical

examination report of victim girl, there were no signs

suggestive of any kind of forceful sexual act and the hymen was

shown intact and that at the time of medical examination victim

has stated that no rape was committed with her and all these

facts belie the version of victim, recorded under Section 164

Cr.P.C., that applicant has committed rape upon her. It was

submitted that applicant is in judicial custody since 24.12.2020

and the trial could not commenced so far and thus, it is clear

that the trial of the case is likely to take sufficient long time in

its conclusion. Lastly it was stated that in case, applicant is

enlarged on bail, the applicant will not misuse the liberty of

bail.

Learned A.G.A. has opposed the prayer for bail and argued that

victim is a minor girl and that first bail application of applicant

has already been rejected by this Court, on merits. However it

could not be disputed that applicant is languishing in jail since

24.12.2020 and even the trial has not been commenced so far

and that above-stated medical condition of victim could also not

be disputed.

Considering the submissions of learned counsel for the parties,

facts of the case, nature of allegations, period of custody and all

attending facts and circumstances of the case, without

expressing any opinion on the merits of the case, the Court is of

the opinion that a case for bail is made out. Hence, the present

second bail application is hereby allowed.

Let the applicant Istekar @ Istekhar @ Tulli involved in the

aforesaid crime be released on bail on furnishing a personal

bond and two local sureties each of the like amount to the

satisfaction of court concerned subject to the following

conditions:

1