Reserved Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10661 of 2010 Petitioner :- Hari Lal Yadav Respondent :- State Of U.P. Petitioner Counsel :- Rajiv Gupta 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 the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
there is inordinate delay of about five months in lodging the F.I.R. and there is
no plausible explanation in respect thereof. He further submits that the
applicant was a Government employee and was posted as Pharmacist in the
hospital where the offence is alleged to have been committed. He further
submits that the age of the prosecutrix, as per the medical report, is shown to
be about 16 years and no definite opinion about rape has been given by the
Doctor.
He further submitted that the statement of the prosecutrix under section 164
Cr.P.C. was recorded wherein she made allegation of committing rape on her
by the applicant, who was posted as pharmacist, about 2-3 years ago while
she had gone to Rajkiya Mahila Hospital, Jagdishpur Pandey alongwith one
Hari Prasad for her treatment whereas in her earlier statement recorded under
section 161 Cr.P.C. she has very clearly stated that about 4-5 months ago she
was suffering from pneumonia and had gone to the aforesaid hospital for her
treatment, and this variation in her statements itself creates a doubt upon the
veracity of the prosecution story.
He further submits that the prosecutrix in her statement under section 164
Cr.P.C. has also stated that she had visited the said hospital several times and
got herself treated by the applicant. He further submits that this statement of
the prosecutrix also creates a doubt upon the authenticity of the prosecution
story because it is not so easy to believe that a lady would go again and again
for her treatment to a Doctor who, all the time, was committing rape on her
against her wishes and would not disclose this fact to even her parents and
relatives. He further submits that the true fact is that love affair of the victim
with some one else was already going on and when this fact came to the
knowledge of her parents, after her medical check up, on detecting that she
was having pregnancy of 5-6 months, she was brought to the said hospital and
the applicant was requested for getting her aborted, and when he refused to do
so, some heated exchange of words took place between the applicant and the
informant, which led to false implication of the applicant by concocting an
absolutely false, fabricated and highly improbable story of committing rape
on her by the applicant with a view to harass, victimise and pressurise him .
He further submits that the applicant, being a Government servant, was posted
as Pharmacist in a Government Hospital, by no stretch of imagination, would
indulge in such a nefarious activities as alleged by the prosecution and that
too in a public place like hospital which remains always extremely crowded
He further submits that the applicant has got no criminal history to his credit
and there is no chance of his fleeing away from the judicial process or
tampering with the prosecution evidence, and is in jail since 5.4.2010.
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 Hari Lal Yadav involved in Case Crime No. 336A of 2010
under Sections 376 I.P.C., P.S. Parasrampur, District Basti 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.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 2.8.2010
MLK