Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27266 of 2021 Applicant :- Dheeraj Kumar Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar 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.
According to the prosecution version, the prosecutrix aged about 25-26 years, was working in the company of applicant as an accountant. It is alleged that applicant has lured her on pretext of marriage and took her to Lucknow and she was kept there in a rented room. Later on the applicant has also married with prosecutrix by converting to Muslim, whereas applicant was already a married person. It was alleged that the applicant used to harass and beat the prosecutrix.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. In first information report as well as in the statement of prosecutrix dated 25.05.2021 and 30.05.2021, recorded under Section 161 Cr.P.C., victim has not made any allegation of rape and she has merely alleged that on pretext of marriage she was taken to Lucknow and applicant used to harass and beat her. Learned counsel submitted that it was for the first time in statement under Section 164 Cr.P.C. that victim girl has made allegation that on 28.08.2020 applicant has forcibly established physical relations with her and after that he has established physical relations for several times. It has been submitted that victim is aged about 25 years and that her allegations are thoroughly false and baseless. It has been further submitted that the applicant is languishing in jail since 05.06.2021, 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.
Perusal of record shows that first information report has been lodged by moving an application under Section 156(3) Cr.P.C. In first information report and statement of victim recorded under Section 161 Cr.P.C., there were no allegations of rape. For the first time, the allegation of rape have been levelled in statement under Section 164 Cr.P.C.
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 Dheeraj Kumar Srivastava involved in Case Crime No. 160 of 2021, under Sections 363, 366, 494, 342, 323, 504, 506 and 376 IPC, P.S. Gorakhnath, District Gorakhpur, 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 :- 12.8.2021 A. Tripathi