Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16358 of 2021 Applicant :- Mamta Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Aditya Prasad Mishra, learned counsel for the applicants and Sri Ankit Srivastava, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicants Mamta Sharma and Nitin Sharma seeking anticipatory bail, in the event of arrest in Case Crime No. 352 of 2021, under Sections 306, 328, 376, 506, 120-B IPC, Police Station Sardhana, District Meerut.
Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is argued that Smt. Neelam the first informant is the wife of Vipin Kumar who previously lodged a First Information Report as Case Crime No. 141 of 2021 under Section 306 IPC on 16.03.2021 against Rahit in regards to the suicide of her husband. Subsequently, the present First Information Report has been lodged by her again under Sections 306, 328, 376, 506, 120-B IPC against the applicants and Ashish @ Ashu alleging therein that around six months back, her husband had died due to a dispute of property between him and the accused persons by consuming poison. The accused persons are now pressurizing her and trying to implicate her.
It is further alleged in the First Information Report that on 11.06.2021 at about 07:30 pm, the accused persons came to the house where her mother-in-law also lives along with some bananas and cold drinks which was consumed by her after which she became unconscious and then she was raped by co- accused Ashish @ Ashu and Nitin applicant no.2 was recording a video of the same. It is argued that the First Information Report is a document with a totally concocted version which would be evident from the fact that now the first informant is trying to allege that the death of her husband was by consuming poison due to property dispute between the accused persons and her husband whereas in the previous First Information Report lodged under Section 306 IPC on 16.03.2021, she stated that her husband had died due to a dispute with Rahit with regards to business and business dealings.
It is further argued that the allegation regarding rape and the first informant consuming some substance in cold drink and bananas after which she became unconscious, is also false and with ulterior motives. It is further argued that co-accused Ashish @ Ashu has been arrested and is in jail since 20.07.2021 as stated in para 19 of the affidavit. It is further argued that in so far as the allegation of recording of the video is concerned, the same is false and there is no such video recording present. It is argued that the allegation of committing rape upon the prosecutrix is on co-accused Ashish @ Ashu only. It is further argued that the applicant no. 1 is a lady. The applicants have no criminal history as stated in para 24 of the affidavit in support of the anticipatory bail application.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that there are allegations against the applicants and there is an allegation of rape being committed on the prosecutrix and the applicant no.2. Nitin was recording a video after which co-accused Ashish @ Ashu committed rape upon the prosecutrix.
After having heard the counsels for the parties and perusing the records, it is evident that for the death of the husband, a First Information Report under Section 306 IPC has been lodged by the first informant herself with different allegations. Now, in the First Information Report she gives different reason for suicide. There is an allegation being committed rape upon her by co- accused Ashish @ Ashu who has been arrested.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, namely Mamta Sharma and Nitin Sharma invovled in Case Crime No. 352 of 2021, under Sections 306, 328, 376, 506, 120-B IPC, Police Station Sardhana, District Meerut, they shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants shall make themselves available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
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 :- 29.10.2021 M. ARIF (Samit Gopal, J.)