- (1.) Counter affidavit filed today is taken on record.
(2.) Heard learned counsel for the applicant and learned A.G.A. Perused the record. Submission of the counsel for the appellant is that although the allegation of rape has been made against the applicant alongwith other co-accused persons but the fact is that the prosecution story is nothing but the result of malice and vengeance. Submission is that actually the husband of the alleged victim-girl is a teacher and himself runs a school. It had so happened that one Dhandevi d/o Ramesh Chandra r/o Madhupuri, P.S. Bichhawan, District Mainpuri used to study in the same School. Her father had died few years ago and her mother had gone away with another person and therefore, Dhandevi used to live with her grand mother. Submission is that finding circumstances of Dhandevi suitable to misappropriate her land, the complainant-Nem Singh made an attempt to grab her land which was in the name of Dhandevi. When these attempts were discovered by the grand mother, she opposed the same and a Panchayat was convened. In this Panchayat the applicant, who was the resident of the same village alongwith other accused persons, took side of Dhandevi and reprimanded for the dishonest intention of the husband of the victim. Submission is that it is in this background that he got indignated and inspired to bring out an entirely false and frivolous story against the applicant. Further submission is that according to the victim's version, it was at 2-00 AM in the midnight that she had gone to attend the natures call and it was at that point of time that the applicant and two other accused persons dragged her, took her in a field and committed rape upon her. The submission of the counsel for the applicant is that the village of the victim-girl is Sahpur, which is a different village and the accused persons belong to different villages. The argument is that it is highly improbable story, which is difficult to accept as it is incomprehensible as to how all of a sudden in such an awkward hour of the midnight when the victim had gone out from her house without any prior information to anyone to attend the nature's call, the applicant and other co-accused would all of a sudden appear there, as if out of the blue, and committed rape upon her. Submission is that had the applicant been the resident of the same village and if the incident would have happened at a place where at a particular point of time, the victim's presence was regularly expected, it would have been a different matter. Otherwise, there is no reason as to how and under what circumstances, the applicant would have any anticipation that the victim would come out from her house at that particular point of time. Submission is that the whole story is concocted and nothing except a figment of imagination. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the accused is not having any criminal history and he is languishing behind the bar since 18.07.2013 and more than two years spent in jail and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
(3.) Learned A.G.A. opposed the prayer for bail. After perusing the record in the light of the submissions made at the bar and keeping in view the alibi and document in support of it and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. Let the applicant-Ram Singh, involved in Case Crime No. 73 of 2013 under Sections 376D, 506 I.P.C., P.S.-Bichhawan, District-Mainpuri be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions:- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.;