- (1.) HEARD learned counsel for the applicant and learned AGA for the State and perused the record. Prayer for bail has been made on behalf of the accused applicant Satish Kumar Yadav alias Ram Yadav in case Crime No.55 of 2011, under sections 363, 366, 376, 342 and 506 I.P.C. and Section 3(1)(12) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities ) Act, P.S. Sarai Inayat, district Allahabad.
(2.) AS per prosecution case, the victim aged about 18 years had gone to ease herself on 22.2.2011 at about 7.00 a.m. When she was coming back to her house, accused applicant along with an unknown person met with her and dragged her on his motorcycle and took her away and detained in a room where both of them committed rape on her. On the next day she was recovered. It is contended by the learned counsel for the applicant that the FIR is not trustworthy as it was got prepared after consultation with village Pradhan and under the advice of an Advocate in Kutchehry. The victim is major as in the FIR itself the age of the victim, who is the complainant of the case, is mentioned about 18 years by herself. She has been shifting her statement from time to time. In her additional statement under Section 161 Cr.P.C. which was recorded by the Investigating Officer on her own application, shows that she was neither abducted by the accused applicant nor any rape was committed on her, rather on 22.2.2011 she had gone to the house of her maternal uncle Tara Chand with her own free will and returned from there to her house on 24.2.2011. It further reveals that under a planning of her parents, this FIR was got registered under Section 3(1)(12) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities ) Act in addition to other sections mentioned above, just to get a compensation from the accused applicant and the Government under the provisions of the State Government. One Jitendra Singh has been examined by the Investigating Officer, who had prepared her application for recording her additional statement under section 161 Cr.P.C. In her further statement recorded under section 164 Cr.P.C. she has changed her earlier version and deposed against the accused applicant. The prosecution story is full of improbabilities and contradictions, e.g.,when she was set free by the accused applicant and started for her home, she was again taken back by the accused applicant on his motorcycle to a grove, where-from the accused applicant made a telephone to her mother to come there and to take away her daughter. She came and took away her daughter. It is further submitted that the accused applicant is a disabled man. His right foot has already been amputated much before this incident. Only to extract money from him he has falsely been implicated in this case. The FIR is delayed at least by three days and no satisfactory explanation has been offered for an undue delay in lodging the FIR. The statement of the victim under section 164 Cr.P.C. has been recorded after seven days of the incident under pressure of her parents. The accused applicant is in jail for the last about 11 months. Medical evidence also does not support the story of rape on her. Learned AGA has opposed the prayer for bail of the applicant. Considered the facts and circumstances of the case and the submissions made by the learned counsel for the parties. In view of the shifting statement of the victim from time to time, without expressing any opinion on the merit of the case let the accused applicant Satish Kumar Yadav involved in the aforementioned case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions : 1. The applicant will not tamper with the evidence. 2. The applicant shall not pressurize/intimidate the prosecution witnesses during trial. 3. The applicant will fully co-operate with the court in an early disposal of the case.
(3.) IN defiance of any of the aforesaid conditions, the court will be at liberty to cancell the bail of the applicant and to take him into custody.;