Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32277 of 2018 Applicant :- Ashish Modanwal Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabha Upadhyay,R P Rajan Counsel for Opposite Party :- G.A.,Shyam Sudarshan
Hon'ble Rajul Bhargava,J.
Heard Sri Prabha Upadhyay, Sri R.P. Rajan, learned counsel for the applicant, Sri Shyam Sudarshan, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 117 of 2018, u/s 354, 354A, 354B, 376, 323, 504, 506, 313 IPC, P.S.
Saidpur, District Ghazipur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in this case on account of personal grudge and malice of the prosecutrix with the applicant. In this behalf it is stated that reason behind false implication of the applicant by the victim is that real sister-in-law (Saali) of the applicant Smt. Arti was married with on Saurav Modanwal and Smt. Arti was subjected to cruelty by her husband, her Dever Subham Modanwal, who had also gone to the extent of committing rape on her and in this regard F.I.R. was lodged by Smt. Arti against her husband, Dever and other family members vide Case Crime no. 45 of 2018, u/s 376, 328, 504, 506 IPC, P.S. Saidpur, District Ghazipur. He further submitted that Saurav Modanwal and Subham Modanwal are real brother of the prosecutrix. In the F.I.R. lodged by Smt. Arti, charge-sheet has been submitted, whose copy has been annexed as annexure-7 to the affidavit. It is argued that the applicant being mediator in the marriage of Smt. Arti with the brother of the prosecutrix, pressure was being exerted on him for entering into compromise, when the applicant did not succumb to their pressure the victim moved an application u/s 156(3) Cr.P.C. regarding an alleged incident of rape by the applicant and co-accused, which is said to have taken place on 21.4.2018. The F.I.R. was registered by the order of the court on 9.7.2018. Thereafter, the victim was subjected to medical examination in which no external or internal injury has been noted. According to the statement of the victim, the accused had brutally beaten her and also kicked on her stomach due to which her pregnancy got aborted. It is submitted that there is no medical report with regard to any injury sustained by the victim or abortion being caused on account of alleged assault by the accused while committing rape on her. The applicant is in jail since 9.7.2018 having no criminal antecedent to his credit.
Learned counsel for the informant has opposed the prayer for bail and submitted that it is a case of gang rape and the delay in lodging the F.I.R. has occurred on account of non cooperation by the local police for which the prosecutrix cannot be faulted.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Ashish Modanwal involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.8.2018 Dhirendra/