Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10993 of 2021 Applicant :- Anil Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar Sharma, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 801 of 2020 under Sections 323, 376, 452, 504 and 506 I.P.C., P.S. Loni, District Ghaziabad.
As per F.I.R. which has been lodged by brother of victim, his sister was being threatened by accused applicant that she should marry him and he took obscene videos of victim and placed them on MX Taka Tak. In order to get rid of accused applicant, informant had sent his sister to village but even there with the help of his friends who are other co-accused named in the F.I.R., videos were continued to be made of victim by the applicant which was being resisted and on resistance, she was given threat to be killed. Even brother of the victim was threatened by 4-5 gundas who had come to the factory where he was working. On 20.09.2020 at about 10:00 p.m., applicant and other co-accused had come armed with lathi, danda and had beaten up the informant side and clothes of his sister were also torn.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; in initial statement under Section 161 Cr.P.C., allegation is made by victim that the accused applicant was trying to pressurize her to marry him and had assaulted the informant side after entering her house; applicant also used to pass sleazy comments on her. In statement under Section 164 Cr.P.C., she has given different version stating that when she was returning home after giving examination in the month of June, accused had taken her to room where she was raped by him and her video was also made; he was not allowing her marriage to be performed as he sent obscene videos and also threatened for her life. It is argued that initially there was no allegation of rape in statement recorded under Section 161 Cr.P.C. but subsequently under Section 164 Cr.P.C., she has made allegation of rape which is false and after-thought. Vitim and accused were friends which was not being liked by brother of victim, hence this F.I.R. has been lodged. He has no criminal history. She has not suffered any injury as is apparent from the medical examination report, copy of which is annexed at page no. 27 of the paper book. The accused applicant is in jail since 4.11.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
In view of the above statements and looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Anil involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 8.4.2021 A. Mandhani