Mohd. Faiz Alam Khan, J.

1. Heard Shri Mohd. Islam Khan, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

2. This bail application has been moved by the accused/applicantMonish Khan for grant of bail, in Case Crime No. 445 of 2021, under Sections 452, 323, 504, 506, 376-D, 436 IPC, Police Station Kheri, District Kheri, during trial.

3. Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication and in the first information report lodged by the prosecutrix herself on 2.12.2021 at Police Station Kheri, District Kheri general allegations of entering into the house of the prosecutrix and forcibly committing molestation with her has been levelled against all accused persons named in the FIR including the applicant and even in the statement of the prosecutrix recorded under Section 161 Cr.P.C. she has stated about molestation committed by all the accused persons by forcibly entering into her house, in the presence of her mother.

4. Highlighting the above facts, it is vehemently submitted that after recording of the statement of the prosecutrix under Section 161 Cr.P.C. the Investigating Officer had gone to the house of the prosecutrix in order to get her statement recorded under Section 164 Cr.P.C. and in this regard an entry has been made by the Investigating Officer on 16.12.2021 in the case diary wherein it is stated that the prosecutrix was not available at her home and it was informed that she has left the residence and her neighbours had informed the Investigating Officer that the prosecutrix is not of good character and certain bad character persons frequently visit her house and she is also habitual of taking money by involving the boys of rich families in false cases and at present she is living with her friend at Lakhimpur Kheri.

5. It is next submitted that the statement of the prosecutrix was recorded under Section 164 Cr.P.C. on 18.12.2021 wherein for the first time she has imputed allegations of rape to the instant applicant and co-accused Maqsood and Anoop. However, the allegation of rape levelled in the statement of the prosecutrix recorded under Section 164 Cr.P.C. are after thought and has not corroborated by the medical evidence as in the medical examination report of the prosecutrix no injury of any kind or any abnormality has been found.

6. It is further submitted that the age of the prosecutrix in her statement recorded under Section 161 Cr.P.C. is stated as 20 years and in the medical examination report as well as in statement recorded under Section 164 Cr.P.C. she has stated her age to be of 24 year. Thus, in all probability having regard to the entry dated 16.12.2021 in the case diary it appears to be a false case instituted for the purpose of extorting money from the applicant.

7. It is further submitted that the applicant is in jail in this case since 4.7.2022 and also he is not having any criminal antecedent. There is no apprehension that the accusedapplicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Identically placed coaccused Maqsood Gauri has been granted by a Coordinate Bench of the Court, vide order dated 27.6.2022 passed in Criminal Misc. Bail Application No. 5600 of 2022.

8. Learned A.G.A. on the hand submits that the applicant is an accused of committing heinous offence and therefore, he is not entitled to be released on bail.

9. Having heard learned counsel for the parties and having perused the record, it is evident that in the first information report as well as in the statement of the prosecutrix recorded under Section 161 Cr.P.C. the allegation of rape has not been imputed against the accused persons. However, after many days of recording the statement of the prosecution under Section 161 Cr.P.C., she in her statement recorded under Section 164 Cr.P.C. for the very first time alleged allegation of rape. The medical report of the prosecutrix do not suggest any abnormal finding. No injury of any kind has been found on the person of prosecutrix. Learned counsel for the applicant has given much emphasis on the entry made by the Investigating Officer in the case diary on 16.12.2021, wherein the neighbours of the prosecutrix are shown to have told to the Investigating Officer about the dubious character of the prosecutrix and also that she is habitual of extorting money from the boys of the rich families.

10. Be that as it may identically placed co-accused, namely, Maqsood Gauri has been granted bail by a Coordinate Bench of this Court and the applicant is not carrying any criminal history. His presence could be secured before the trial court by placing adequate conditions.

11. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

12. Let the applicant- Monish Khan involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

14. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

15. Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.