Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16234 of 2021 Applicant :- Brijesh Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Brijesh in connection with Case Crime No. 09 of 2021 under Sections 370/34 IPC, P.S. Basai Arela, District Agra.
Heard Mr. Sunil Kumar Gaur, learned Counsel for the applicant and Mr. S.S. Tiwari, the learned A.G.A. appearing for the State.
It is argued by the learned counsel for the applicant that it is common ground between the parties that the prosecutrixes, numbering three, were part of an Orchestra Party and participated in programmes for remuneration. It is argued that there were issues between the applicant and the other co- accused Ramesh on the one hand and on the other, the prosecutrixes over their remuneration. It is urged that while they were proceeding to an Orchestra Party, their vehicles were apprehended by the Police and party were subjected to gruelling questions on the basis of conjectures. It is said that the prosecutrixes found this to be a good opportunity to settle their dispute relating to remuneration and made vague statements that the applicant was forcing them to marry. It is argued that there is no definite allegation about the forced marriage against the applicant. It is also argued that at the instance of the Police, some N.G.O. also jumped into fray in order to catch the public attention and have turned the case into a prosecution against the applicant. It is also argued that there is no evidence aliunde to indicate that there was any kind of pressure upon the prosecutrixes to marry anyone against their will. It is further argued that co-accused Ramesh, against whom there are identical allegations supported with identical evidence, has been admitted to bail by this Court vide order dated 24.03.2021 passed in Criminal Misc. Bail Application No. 15390 of 2021. It is next urged that the applicant has no criminal history and is in jail since 05.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is no particular or independent evidence to show that the prosecutrixes were forced into marrying anyone, the fact that the prosecutrixes were proceeding along with the applicant and other co-accused on a bus and there was no show of distress by the applicant during journey, the fact that there is said to be some kind of dispute between the applicant and the prosecutrixes who are professionally Orchestra performers, relating to their remuneration, the fact that co-accused Ramesh, similarly circumstanced, has been admitted to bail, entitling the applicant to the benefit of parity, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Brijesh in connection with Case Crime No. 09 of 2021 under Sections 370/34 IPC, P.S. Basai Arela, District Agra be released on bail on executing his personal bond and furnishing two 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order Order Date :- 7.4.2021 Deepak