Allahabad High Court
Harinath Rajbhar vs State Of U.P. on 23 July, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18768 of 2010 Petitioner :- Harinath Rajbhar Respondent :- State Of U.P. Petitioner Counsel :- Yadvesh Yadav Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that the false, concocted and improbable story has been set up by the prosecution. He further submits that the applicant has not committed the offence as alleged by the prosecution and the present prosecution has been launched just to harass and victimise him. He further submits that as per the the medical report, age of the prosecutrix is about 17 years and no definite opinion about rape has been given by the doctor. He further submits that neither any external nor internal injury was found on the private parts or the person of the prosecutrix. He further referred to the statements of the prosecutrix recorded under Sections 161 and 164 CrPC to indicate that the no allegation has been made by the prosecutrix with regard to rape. He further submits that the prosecutrix voluntarily came to Panipat along with Mani, and got married with Suresh. He further submits that the prosecutrix remained in the company of the co- accused Suresh for around five months. He further submits that the applicant has got no concern with the present matter and has been falsely implicated in the criminal matter maliciously. He further submits that a bare perusal of the statements of the prosecutrix recorded under Sections 161 and 164 CrPC clearly shows that the prosecutrix was a consenting party. The applicant is in jail since 12.6.2009.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Harinath Rajbhar involved in Case Crime No. 533 of 2009, under Sections 363, 366, 376, 323, 506, I.P.C.and 3 (2)(5) of SC/ST Act, P.S. Rohania, District Varanasi 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 with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.7.2010 vinay