Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10626 of 2021 Applicant :- Manoj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Shahnawaz Akhtar Counsel for Opposite Party :- G.A.,Ravi Shankar Tripathi Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 373 of 2020, under Sections 420, 376D, 323 and 506 I.P.C., P.S. Civil Lines, district-Budaun, is seeking enlargement on bail during the trial.
The FIR of the incident was lodged in pursuance of an application moved under Section 156(3) Cr.P.C. against the present accused, co-accused Dr. Hakim Singh and one unknown person. It was alleged in the FIR that co-accused Dr. Hakim Singh had made a video clip of the alleged victim and shared the video clip to present accused. It was also alleged in the FIR that accused persons have also committed rape with her for a considerable period after threatening her that they shall get viral the video clip on internet.
Learned counsel for the applicant submits that the applicant was a technician and other co-accused Hakim Singh was a doctor and the alleged victim was a nurse and she was in habit of lodging false complaint against innocent persons, which is evident from police report submitted by the police, copy whereof has been filed as Annexure-3 to the affidavit accompanying the bail application. The contents of the report reads as follows:-
"Aavedika Omwati uprokt aspatal me aaya ka kaam karti thi, ek prarthna patra antergat dhara 156(3) Cr.P.C. me warsh 2019 me Sanjay Singh, putra Ompal, Sohail Khan ki patni rice mil ke piche Dataganj, zila-Budaun rupya lene tatha balatkar ke sambandh me diya tha. Jab aavedika Omvati wa vipakshi Manoj Kumar C.S. Aspatal, Dataganj me kaam karte the tab Manoj Kumar aur Sanjeev Kumar ko gavah banaya tha, jisme Manoj Kumar ne gawahi dene se mana kar diya tha, jisse naaraz ho kar Manoj Kumar aur Dr. Hakim Singh ke virudh jhoota aarop laga kar prarthna patra preshit kar rahi hai. Aavedika dabao banane va paisa aithne ke liye jhoota aarop laga rahi hai."
Learned counsel for the applicant has further submitted that the medical report of the victim does not indicate any marks of violence, injury or sexual assault. He also submits that the main allegation is that the accused persons have made her video clip but the Investigating Officer of the case during investigation has not found such video clip. He lastly submitted that the applicant, who is in jail since 11.1.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A., as well as Sri Ravi Shankar Tripathi, learned counsel for the complainant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Manoj Kumar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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 :- 28.7.2021 Faridul