Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35345 of 2020 Applicant :- Jugendra Bhasin Opposite Party :- State of U.P. Counsel for Applicant :- Amit Mishra Counsel for Opposite Party :- G.A.,Sushil Kumar Chaturvedi
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Mishra, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 1223 of 2019 under Sections 376, 323 and 506 I.P.C., P.S. Baradari, District Bareilly.
As per F.I.R. lodged by Shivani (victim), the accused applicant was working in Kusum Pharma and used to talk to her also and developed nearness with her and one day, he called her on his home in absence of his parents and there, he committed rape giving her assurance that he would marry her and under that impression, he had continued to make physical relationship by which she became pregnant. Later on, she came to know that applicant was a married person having two children and he was blackmailing the victim.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; in statement given before the trial court as P.W.1, victim herself has resiled from prosecution version as she has clearly denied to have been raped by the applicant nor any cheap video has been made of her; she has also stated that she has given statement under Sections 161 and 164 Cr.P.C. under police pressure; the accused applicant is in jail since 31.05.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that victim herself has not supported the prosecution version, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Jugendra Bhasin involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 5.1.2021 A. Mandhani