Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26826 of 2018 Applicant :- Munish Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.,Kapil Tyagi
Hon'ble Rajul Bhargava,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Kapil Tyagi, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Munish Shukla in Case Crime No. 122 of 2018, under Sections 376, 326-A, 354-B, 506 I.P.C., Police Station- Phase II, Noida, District- Gautam Budh Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. According to the prosecution the F.I.R. has been lodged by the victim herself on 24.02.2018 at about 04.37 P.M. with the allegation that she is aged about 28 years and is working in a finance company where the applicant was also working. They developed friendship and subsequently applicant proposed her for marriage. Then on the pretext of marrying her the applicant had established physical relations with her on one occasion and had also taken some photographs of their private intimate moments. After sexually exploiting her on the false promise of marriage he started blackmailing her and also extracted money from her. On the asking of the applicant that he will delete the photographs and video, she went along with him in her car and when they reached at a lonely place the applicant started touching her inappropriately and on being objected as he has already refused to marry her the applicant tore her clothes and when the victim attempted to save herself the applicant threw acid on her. She sustained injuries on her hands and legs and the applicant fled away. She was medically examined on the same day at about 08.40 P.M. and some blackish discolouration over left arms and multiple blisters on the lateral aspect of the left thigh were noted. The victim refused for admission and left the hospital against medical advice.
Learned counsel for the applicant submits that the prosecutrix is a fully grown-up matured girl aged about 28 years and the prosecution version of throwing acid on the victim is totally false and concocted. The said version has been fabricated in order to exert pressure on the applicant to marry her. He further submits that from the first medical report itself the alleged acid injuries are superficial in nature and there is no opinion of the doctor that they have been caused by some corrosive substance. Besides it, he further pointed out that during investigation the victim and the applicant had even stayed in a hotel in November, 2017 and during investigation the statement of the Manager of the Hotel was recorded in which he has provided Aadhar Card of the applicant and the victim. Based on the entire facts and circumstances of the case, it is argued that the victim had entered into physical relations of her own consent with the applicant and at this stage there is no material to show that any fraud or misrepresentation was made by the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.02.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant has not come out with the clean hands and he has deceived the victim on a false promise of marrying her and has also caused injuries to her by acid. However, he could not dispute that there is no supplementary report of the victim on record that the alleged injuries were the result of acid. He could not dispute that the victim and the applicant had consensual sex also in the hotel.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Munish Shukla be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.9.2018 Vikas