Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18273 of 2021 Applicant :- Lokesh Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. AND Applicant :- Gunjan Opposite Party :- State of U.P.
Counsel for Applicant :- Wahid Jamal,Pushpendra Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Dwivedi,Vidya Sagar Dwivedi
Hon'ble Om Prakash-VII,J.
Since both aforementioned bail applications are arising out of same nature of case, they have been heard together and are being decided by a common order. Cr. Misc. Bail Application No. 18273 of 2021 is a leading file.
Heard Sri Sanjay Srivastava and Pushpraj Singh, learned counsel for the applicants, Sri Sunil Kumar Dwivedi, learned counsel for the informant, learned A.G.A for the State and perused the record.
Submissions of learned counsel for the applicants is that the applicants are innocent and have not committed the present offence. Initially the first information report was lodged by mother of victim only for offence under section 354 (kha) and 376 read with section 511, 506 and 120-B I.P.C. No clear allegation regarding the offence of rape was disclosed in the first information report. Victim in her statement recorded under section 161 Cr.P.C. did not level the offence of rape against the applicants. For the first time in the statement of victim recorded under section 164 Cr.P.C. on advice, allegation regarding offence of rape was levelled. Had the offence of rape been committed upon the victim on the date of incident, this fact must have come in the first information report or in statement recorded under section 161 Cr.P.C. itself. Thus, referring to the aforesaid facts, it was further argued that if the entire prosecution case is taken into consideration, then also it is a case for offence under section 376 I.P.C. read with section 511 I.P.C. Applicants are in jail since 11.2.2021 and 8.2.2021 respectively, having no criminal history.
On the other hand, learned AGA and learned counsel for the informant opposed the prayer for bail and argued that first information report was lodged by the mother of victim. Although victim has not clearly mentioned for committing offence of rape upon her by applicants in her statement recorded under section 161 Cr.P.C. but in the statement recorded under section 164 Cr.P.C., she has clearly stated regarding commission of offence of rape against the applicants. A prima facie case is made out against the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Lokesh Sharma and Gunjan involved in Case Crime No. 23 of 2021 under Sections 376, 354-B, 511, 120-B, 506 IPC P.S. Salempur District - Bulandshahr be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 29.7.2021 Gss