Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13929 of 2018 Applicant :- Atul Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Dixit,Omvir Singh Rajpoot,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The victim is major aged about 25 years. In the first information report it has been mentioned that on 31.8.2017 the applicant visited the room of victim in a drunken state and he administered some intoxicating substance in cold drink and committed rape upon her. In the first information report it has been mentioned that the victim also visited Rudrapur with applicant on 9.9.2017 with her sister. The victim has not disclosed to anyone about this incident which has been taken place on 31.8.2017 and has also not lodged any F.I.R. till 21.10.2017. The first information report of the alleged incident has been lodged on 21.10.2017. The applicant is not Fufa of the victim. The victim has only one Bua namely Smt. Sadhna, the wife of Anupam Gaud, married in Delhi. It has further been submitted that no such incident has taken place, false story has been concocted by the victim. The F.I.R. is delayed and the same has been lodged after one month of the alleged incident. There is no satisfactory explanation of delay in lodging the first information report. The prosecution story is not probable and believable. There is no independent witness of the alleged occurrence. The real fact is that the wife of the applicant namely Smt. Usha Sharma and Sarvesh Kumar Upadhyay, father of the victim, are related to each other and they are having a joint account in a post office. Rs. 4,50,000/- was deposited by the wife of the applicant. The father of the applicant was demanding the money. Due to dispute of money, the applicant has been falsely implicated in this case. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 15.2.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Atul Sharma involved in Case Crime No.56 of 2018, under Section 328, 376, 506 IPC Police Station Sector- 24 Noida District Gautambudh Nagar 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.4.2019 Gss