Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13982 of 2021 Applicant :- Amar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Amar Singh in connection with Case Crime No. 04 of 2021 under Sections 376, 323 IPC P.S. Fatehpur Sikri, District Agra.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
It is argued by the learned counsel for the applicant that entire prosecution is the handy work of the applicant's brother Jagdish and his wife with whom he has issues over their share in the ancestral property. It is urged that over the dispute between the two, when his mother intervened and there was a slight scuffle in which she has sustained some injury, the applicant's brother and his wife engineered the first information report where a false allegation of rape of an 80 years old mother by the applicant was reported to the police without any basis. It is also urged that in the first information report a certain Sub-Inspector of Police, Arun Kumar caused interpolation to be done by getting the word "बबुरर" added before the words "गलत करम" which shows the tainted nature of first information report. It is, particularly, argued that the statement of the prosecutrix made before the Magistrate under Section 164 Cr.P.C. clearly shows that there was a dispute between the applicant and his brother along with his wife wherein the prosecutrix intervened and was pushed aside but nothing of the kind of ravishment by the applicant ever happened. It is urged that the statements of the two eye witnesses are got up by Jagdish, the applicant's brother in order to frame the applicant in an absurd case of his 80 years old mother's rape with a view to deprive him of his share in the ancestral property. It is also urged that there have been strong manipulations done in this case due to the intervention of Sub- Inspector, Arun Kumar, who has assisted Jagdish in securing the applicant's false implication. It is stated in paragraph no. 14 of the affidavit that the applicant has no criminal history and that he is in jail since 11.01.2021.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the prosecutirx has spoken exculpatory in her statement under Section 164 Cr.P.C., the fact that the prosecution is prima facie a doubtful looking to the relationship between parties, the fact that in the background, there was a dispute between two brothers over their shares in the ancestral property, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Amar Singh in connection with Case Crime No. 04 of 2021 under Sections 376, 323 IPC P.S. Fatehpur Sikri, District Agra be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 10.5.2021 Deepak