Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35823 of 2020 Applicant :- Krishnagopal Pushkar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Pandey,Suneel Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjeev Kumar Pandey, learned counsel for the applicant and Sri I.S. Yadav, 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. 139 of 2019 under Sections 366, 376, 328, 506 I.P.C. and Section 67 of I.T. Act, P.S. Jalesar, District Etah.
As per F.I.R. lodged by Mohan Lal, her elder daughter's marriage was to be performed on 6.05.2019 regarding which he had gone for distributing cards. Her other daughter, Rinki was at home who was enticed away by the applicant and with her, she had also taken Rs. 86,000/- and jewellery.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant is innocent. He has drawn attention of the Court towards the statement of victim recorded under Section 164 Cr.P.C. in which she has stated that the accused had called her at Agra Adda where she had gone and she was given something in cold-drink by consuming which, she felt dizzy and thereafter she found herself in NOIDA. She, accused and brother of accused were living in house on rent and there, she was given tablet for inducing sleep and she was kept inside room and dirty clips were shown to her and she was forced to marry in Court for which she was taken to Firozabad in front of counsel also. Subsequently in her statement recorded under Section 164 Cr.P.C., she has given different statement stating that accused had telephoned her assuring her that he would get her employment in police department for which she had given Rs. 81,000/- and thereafter she was moved inside room in Sadhupur, Noida and there, he made physical relationship with her and was pressurizing her for Court marriage and after marriage, she was left at Etah. Having drawn attention towards these pieces of evidences, it is stated that this is a case of consensual sex. He is in jail since 15.05.2019; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and attention is drawn towards medical examination report of the victim in which hymen is found ruptured though no physical injury is noticed.
Looking to the 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, Krishnagopal Pushkar 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 :- 6.1.2021/A. Mandhani