Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39395 of 2021 Applicant :- Atul Sharma Opposite Party :- State Of U.P Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.,Niklank Kumar Jain
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sanjay Kr. Srivastava, learned counsel for the applicant, Sri Niklank Kumar Jain, learned counsel for the informant and Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Atul Sharma, with a prayer to release him on bail in Case Crime No. -65 of 2021, under Section -376 I.P.C., Police Station -Sakeet, District -Etah, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 31.05.2021, the applicant is in confinement since 11.06.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated. On account of consensual relationship between the applicant and the alleged victim lady, false accusation are being made by her son who had objection to the relationship formed between the applicant and the alleged victim lady. Strong reliance has been placed on the statement of the independent witnessess (villagers of the same village), who appear to have stated that the informant had seen the applicant with the lady. This led to a quarrel between the informant and the alleged victim lady wherein the latter received certain injuries. All other allegations are stated to be manufactured.
(vi) On the other hand, learned counsel for the informant laid stress on the fact that at present the FIR allegations are supported by the statement recorded under Section 164 Cr.P.C. as corroborated by the injury recorded in the medical report.
(vii) Having heard learned counsel for the parties and having perused the record, though the defence of the applicant would have to be raised and tested at the trial, at the same time, in the absence of any criminal history of the applicant and keeping in mind the fact the statement of the independent eye witnesses, it appears that the applicant is entitled to bail as there is no risk of evidence being tampered or intimidation being offered.
(viii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy 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 by intimidating/pressuring the witness, 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.
(iv) The applicant shall not make any contact with any member of the family of the victim, either personally or through telephone, email, social media or in any other manner. He shall furnish an undertaking to the learned Court below, to that effect before being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is further made clear, in the event of any measure being adopted by the applicant to either intimidate the victim or to even make contact with the victim either personally or through other means, it may result in immediate cancellation of bail being granted to the applicant.
Order Date :- 22.12.2021 S.Chaurasia Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.23 09:40:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad