Arman vs State Of U.P.

Sadhna Rani (Thakur), J

Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

The accused- applicant is involved in Case Crime No. 22 of 2022, under Section 376 I.P.C., Police Station Kandhala, District- Shamli.

It is submitted by the learned counsel for the applicant that the first information report has been lodged on the application of the victim under Section 156(3) Cr.P.C. on 15.1.2022 mentioning the incident dated 19.12.2021. The victim is a married lady and she has refused for her internal examination. In her statements under sections 161 and 164 Cr.P.C. though she has mentioned about a video having prepared by the applicant while she was taking bath but this video has not been produced during the investigation. In her statement under section 161 Cr.P.C. there is no allegation of rape while in her statement under section 164 Cr.PC. there is allegation of making forcible physical relations by the applicant. As per FIR itself, there was physical alteration between Ismil, Abid, Yamin, Haroon and victim's family members including the husband of the first informant on other side. Regarding this incident dated 8.10.2021 an FIR was lodged on 9.10.2021 against the accused persons including applicant under section 147, 148, 323, 325, 504 I.P.C., while the accused side also moved an application under section 156(3) Cr.P.C. regarding the same incident which has been registered as complaint and in the investigation of this case regarding the incident dated 8.10.2021, the I.O. has submitted that he was not informed about making of any video by the applicant Arman or committal of rape on the victim. Further it is alleged by the Investigating Officer that from the spot hardly any video-graphy can be done of a person taking bath inside the bathroom. It is admitted fact that till date no video regarding taking bath by the victim, has been brought forward. In fact regarding the incident dated 8.10.2021 FIR was originally lodged under section 354-A I.P.C. The present case has been lodged as a counter blast of the complaint case filed by the accused side. The applicant is in jail from 19.5.2022, hence, the prayer for bail is made.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant but admitted the fact that no video could have been surfaced regarding the incident of bathing of the victim, though it has been argued that rape had been committed by the present applicant.

From perusal of the record, it is found that the whole story was around the video made by the applicant while the victim was taking bath. The video has not been recovered by the Investigating Officer so it could not be produced in the court. The FIR regarding the incident dated 8.10.2021 lodged by the husband of the victim is on record as case crime no. 412 of 2021 and as per the applicant, on his application under section 156 (3) Cr.P.C. regarding the same incident dated 8.10.2021, a complaint has been registered.

Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court and without expressing any opinion on the merit of the case, I find it to be a case of bail.

The bail application is allowed.

Let the applicant Arman, 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.

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

He will not tamper with the witnesses.

He will not indulge 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 court below 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.

In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.