Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18055 of 2021 Applicant :- Dhanjee Kumar @ Dhunji Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Anant Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was stated that prosecutrix is a married lady aged 29 years, and that in the FIR she has named one Aman Sharma as an accused. Learned counsel has referred the statement of prosecutrix recorded under Section 161 and 164 Cr.P.C., wherein, she has consistently named one Aman Sharma as accused, who has committed rape upon her. From statement of prosecutrix, recorded under Section 161 and 164 Cr.P.C., it is apparent that said Aman Sharma was quite well known to prosecutrix. It has been pointed out that the prosecutrix has no where named the applicant Dhanjee Kumar @ Dhunji Sharma in the FIR or in her statement recorded under Section 161 & 164 Cr.P.C. Learned counsel submitted that later on, merely on the basis of statement of one Sandeep, who is owner of motorcycle No. UP 67K 1623, to the effect that on the night of incident, this motorcycle was given by him to applicant Dhanjee Kumar @ Dhunji Sharma, applicant was implicated in this case. It has been submitted that the Investigating Officer has not collected any such evidence and that said Aman Sharma and applicant are one and same person. It was submitted that mere fact that motorcycle owner has told that on the night of incident, said motorcycle was given to applicant, would not make the applicant culprit for the offence of rape in this case. It was also stated that prosecutrix is a 29 years old married lady and that her version appears thoroughly improbable and that she has not sustained any injury. Lastly, it was submitted that the applicant is languishing in jail since 06.12.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, aforesaid factual position could not be disputed that victim has named one Aman Sharma as an accused.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dhanjee Kumar @ Dhunji Sharma involved in Case Crime No. 812 of 2020, under Sections 506 and 376 IPC, P.S Lanka, District Varanasi, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 23.9.2021 A. Tripathi