- (1.) PERSONAL liberty is the right to act without interference within the limits of the law. It is also to be kept in mind that individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society. The prospect of greater justice requires that law and order should prevail in a civilized milieu. True it is, there can be no arithmetical formula for fixing the parameters in precise exactitude but the adjudication should express not only application of mind but also exercise of jurisdiction on accepted and established norms. Law and order in a society protect the established precepts and see to it that contagious crimes, like in the present case, do not become epidemic. In an organized society the concept of liberty basically requires citizens to be responsible and not to disturb the tranquillity and safety which is the demand of a civilized society.
(2.) THIS is an application for granting bail on behalf of accused applicant who is involved in Case Crime No. 6 of 2011, under Sections147, 376,354,323,343,504, 506 IPC which was registered at P.S. Atarra, District Banda on 12.1.2011. The case was transferred to the CBCID by the Govt. of UP vide order dated 13.1.2011. It appears that the investigation of the case was transferred to CBI vide order dated 12.9.2011 by the Hon'ble Apex Court and initially the proceedings of the said case before the Trial Court was stayed. Investigation by the CBI reveals that the accused namely Purushottam Nath Dwivedi the then MLA had employed the prosecutrix Km Sheelu as a maid in his house. Allegations levelled against the accused are that while she was employed in his house, she was raped by the present applicant in the intervening night of 11& 12- 12.2010 at his house. On 13.12.2010 accused again tried to rape her. She however, managed to escape from the house. She was intercepted by the henchmen of the accused MLA namely Ram Naresh Dwivedi, Narendra Kumar Shukla, Raghuvansh Mani, Suresh Neta, Rajendra Shukla. In order to provide alibi an FIR of theft was filed vide case Crime No. 379 of 2010, under Section 381 IPC at P.S. Atarra, District Banda against the prosecutrix on 14.12.2010. The said FIR was filed at the behest of the son of the accused Sri Mayank Dwivedi. She was arrested by the local police and the alleged stolen articles were said to have been recovered from her possession. On the same day she was produced before the Court from there she was sent to Judicial custody in District Jail Banda. Investigation in the case was conducted by the CBI and closure report was filed as allegations of theft could not be substantiated against her.
(3.) STATEMENT of the prosecutrix under Section 161 and 164 CR.P.C. was recorded. In her statement under Section 164 Cr.P.C. she has stated that the accused MLA had known her father and he approached him to have her daughter employed as maid in his house and she came to the house of the accused on 8.12.2012. Accused asked her to marry with one of his servant namely Chiddi which offer was rejected by her. In her statement under Section 164 Cr.P.C. she has stated that the accused committed rape on her against her wishes as a result of which she started bleeding from her private parts. She, however, managed to escape. She has clearly narrated that the rape was committed by the accused against her wishes.;