Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28373

of 2020

Applicant :- Priyanshu

Opposite Party :- State of U.P.

Counsel for Applicant :- Anoop Kumar Pandey,Kamlesh

Kumar Dwivedi,Manvendra Singh,Zafar Abbas

Counsel for Opposite Party :- G.A.,Rahul Mishra

Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

perused the record.

Learned counsel for the first informant did not put in

appearance even after receiving the whatsapp massage given by

the counsel for the applicant. The documents regarding the

massage are kept on record.

The present bail application has been filed by the applicant with

a prayer to enlarge him on bail in Case Crime No.83/ 2020,

under Sections 354Ka, 376 I.P.C., Police Station Khakhareru,

District- Fatehpur.

It is submitted by the learned counsel for the applicant that the

incident is dated 21.05.2020 and FIR has been lodged on

12.06.2020. No explanation has been offered of this inordinate

delay by the prosecution. In the 21 days delayed FIR, there is

no allegation of rape with the victim, nor the victim, in her

statement, under Section 161 Cr.P.C. has disclosed committal of

rape with her. She has refused from her external and internal

medical examination. In the statement under Section 164

Cr.P.C. recorded on 16.06.2020, for the first time, the victim has

disclosed that on 22.05.20202, when she had gone for

defecation in the village field, the applicant came there and

committed rape on her. Thus, the allegation of rape is an

improvement on the part of the victim. Admittedly, the victim

was major on the date of incident. There is no criminal history

to the credit of the applicant. The applicant is languishing in jail

since 13.06.2020. Hence, the prayer for bail is made.

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

From the perusal of record, it is found that in the FIR, which

has been lodged after 21 days of the incident, there is no

allegation of rape with the victim. The victim, in her statement

under Section 161 Cr.P.C. also, has not disclosed committal of

rape with her. She has denied from her external and internal

medical examination. It was, for the first time, in her statement

under Section 164 Cr.P.C., she has stated that on 22.05.2020

when she went for defection in the field, there she was raped by

the applicant.

Considering the facts and circumstances of the case, perusing

the record and also considering the nature of allegations,

arguments advanced by the learned counsel for the parties and

without expressing any opinion on the merit of the case, I find it

to be a fit case for granting bail.

The bail application is allowed.

Let the applicant, Priyanshu, who is involved in aforesaid

crime be released on bail on his furnishing a personal bond and

two sureties each in the like amount to the satisfaction of the

court concerned subject to following conditions:-

1. The applicant will attend and co-operate in the trial pending

before the court concerned on the dates fixed after release.

2. The applicant will not tamper with the witnesses.

3. The applicant will not indulge himself in any illegal activities

during the bail period.

The identity, status and residential proof of sureties will be

verified by the court concerned and in case of breach of any of

the above conditions, the trial court shall be at liberty to cancel

the bail and send the applicant to prison.

It is clarified that the observations, if any, made in this order are

strictly confined to the disposal of this bail application and must

not be construed to have any reflection on the ultimate merits of

the case.

Order Date :- 22.12.2022

Radhika

Digitally signed by :-

RADHIKA VISHWAKARMA

High Court of Judicature at Allahabad