Allahabad High Court
Kapil Alias Chotu vs State Of U.P. Thru. Secy. Home Civil ... on 24 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9574 of 2022 Applicant :- Kapil Alias Chotu Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt Lko And 3 Others Counsel for Applicant :- Sunil Dixit,Arun Sinha,Ram Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Arun Sinha, learned counsel for the applicant, Sri Udai Bhan Pandey, learned State counsel and perused the record.
2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 71 of 2022, under Sections 376, 452, 506 IPC & 3/4 POCSO Act, Police Station Bazar Sukul, District Amethi.
3. This case has been registered on the basis of an FIR lodged on 13.04.2022 at 16:33 hrs stating that when the informant and her husband were away from their home, the applicant came there and after sending their other children by giving them some money for buying toffee, biscuits etc, he raped the informant's daughter aged about 16 years. In the statement of the victim recorded under Section 161 Cr.P.C., she supported the FIR allegations. However, in the medico legal examination report of the alleged victim, no injury or sign of use of force has been reported on any part of her body and hymen has been reported to be normal and perineum has been reported to be intact. The doctor has specifically recorded that there was no sign of struggle, no injury/ tear seen on genitalia, no injury seen on any part of the body.
4. In the statement of the victim recorded under Section 164 Cr.P.C., she reiterated her earlier stand and she also stated that the some days ago, the applicant had talked to her on phone on one or two occasions.
5. In the affidavit filed in support of the bail application it has been stated that the applicant is innocent, he has falsely been implicated in the present case and that he has no previous criminal history. It has further been stated in the affidavit that the victim had made several calls from two mobile phone numbers to the applicant.
6. The State has filed a counter affidavit annexing therewith copies of the material collected during investigating, which has already been brought on record along with the affidavit filed in support of the bail application. Rejoinder affidavit has been filed by the applicant annexing therewith copies of statements of the informant as also of the victim recorded by the trial court.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of rape is not supported by the medico legal examination report of the victim and that the statement of the informant and the victim have already been recorded by the trial court, there appears to be no reasonable probability of his being able to influence the witnesses or tamper with the evidence; coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 27.04.2022, I am of the view that the applicant is entitled to be released on bail.
8. Accordingly, this bail application is allowed.
9. Let the applicant Kapil alias Chotu be released on bail in Case Crime No. 71 of 2022, under Sections 376, 452, 506 IPC & 3/4 POCSO Act, Police Station Bazar Sukul, District Amethi on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not temper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.4.2023 Pradeep/-