Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33121 of 2019 Applicant :- Mahesh Kumar Tomar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been filed on behalf of the applicant, Mahesh Kumar Tomar in connection with Case Crime No.388 2019, under Sections 420, 406, 120B, 504, 506,376 I.P.C., P.S Sadar, District Agra.
The F.I.R. was lodged by Smt. Renu, victim, wherein she stated that she was a widow and her husband had already died about three years back. She has two sons aged about 8 and 10 years. On the pretext of making promise to marry her on the ground of his being unmarried, the accused-applicant committed rape with her and took from her an amount of Rs.20 lacs. After few months of taking money, conduct and behaviour of the applicant-accused was changed and as a result of which, the victim got suspicion and she made enquiry thereafter she came to know that the applicant-accused is a married man having wife and children. When she made complaint and demanded money from him then he used to abuse her and threatened to viral the obscene video just to make her image damaged.
The submission of learned counsel for the applicant is that from the version of the F.I.R., it is clear that victim was in consensual relationship with him. It is also clear that there is no question being rape committed by the accused applicant. If committed, the same would have been committed with consent of the victim. Further submission is that the applicant has been falsely implicated in the present case with the ulterior motive. There is no criminal history of the accused-applicant. He is prepared to furnish bail bonds and sureties as per direction of this Court. Moreover, after completing investigation, police has submitted charge sheet against the accused applicant thus, there is no question of investigation being influenced by him. Further submission of the learned counsel for the applicant is that the co-accused Naresh Kumar Tomar has already been released on bail in Criminal Misc. Bail Application No. 27513 of 2019 by another Bench of this Court vide order dated 10.07.2019.
Learned A.G.A. has opposed the bail plea, however, learned A.G.A. does not dispute the aforesaid factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the other co-accused have been admitted to the concession of bail by this Court, but without commencing any opinion on merits, I find it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mahesh Kumar Tomar involved in Case Crime No.388 2019, under Section 420, 406, 120B,504,506,376 I.P.C., P.S Sadar, District Agra be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence;
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 22.8.2019 aks