The Allahabad High Court has granted bail to Nitin, an accused in a gang-rape case in Kaushambi district’s Kadadham police station area.
A single-judge bench of Justice Subhash Chandra Sharma passed this order while hearing a Criminal Misc Bail Application filed by Nitin.
It is submitted by counsel for the applicant that he is innocent and has been falsely implicated in the present case for molesting and committing rape with the victim.
The FIR was lodged by the victim herself with the allegation that she was sleeping at her house in the night at about 2 o’clock, the applicant and co-accused Arjun came there and tried to take her by force, at this she made hue and cry, people from the locality came there, accused persons fled away while threatening to kill her.
Later on, during investigation, in her statement she made improvement and allegation of rape was also made by her, though in medical examination no internal or external injury was found on her person to support the version of rape with her by the applicant.
Nothing was found in the pathological report. There is no evidence on record to substantiate the commission of rape with the victim. There is no criminal history against the applicant.
He is languishing in jail since 28.9.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Additional Government Advocate opposed the prayer for bail.
“Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail,” the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Nitin involved in Case under Sections 376(D), 506 IPC and 5/6 POCSO Act, PS Kadadham, District Kaushambi be released on bail on 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 not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.