Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7525 of 2019 Applicant :- Brajbhan Singh @ Chhotu Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Manoj Kumar, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Brajbhan Singh @ Chhotu with a prayer to enlarge him on bail in Case Crime No.210 of 2018, under Sections 328, 228- Ka, 376, 506, 354-Ka I.P.C., and Section 67 of the Information Technology (Amendment) Act, 2008, Police Station-Manda, District- Allahabad.
It has been argued by learned counsel for the applicant that the prosecutrix- Smt. Shakunala Devi herself has lodged the present F.I.R. after a delay of about 42 days. As per the version of the F.I.R., the applicant happens to be friend of the brother of the prosecutrix and used to visit her house along with co-accused- Ashish, who is cousin of the prosecutrix on 18.06.2018. They offered intoxicating drink to the prosecutrix consuming which, she became unconscious and thereafter, the applicant along with co-accused committed rape on her and took objectionable photographs as well as video of the prosecutrix, which went viral on social web site. In the statement under Section 161 Cr.P.C. in which she has not made any allegation against her cousin. In the statement under Section 164 Cr.P.C. she has stated that the applicant used her SIM card for making objectionable video viral. From the contradictions in the version of the F.I.R. as well as in the statements recorded under Sections 161 and 164 Cr.P.C., it appears that the prosecutrix was in consensual relationship with the applicant and when things did not work out in the proper manner, since the applicant is a married person and having three children, the present F.I.R. has been lodged with false and frivolous allegations. There is nothing on record to corroborate the commission of offence upon the victim. The applicant does not have any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 20.11.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 26.2.2019 JK Yadav