Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50308 of 2019 Applicant :- Pradeep Kumar @ Happy Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Singh Counsel for Opposite Party :- G.A.,Sandeep Misra
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Sandeep Misra, learned counsel for the informant and learned A.G.A. for the State.
Allegation is that the victim is married woman aged about 34 years. She has three children from her earlier husband. It has been stated that on account of matrimonial dispute her husband left her along with children. Thereafter she got intimate with the applicant, who is friend of her husband, Raju. It has been submitted that the applicant and the victim entered into physical relation-ship on the promise of marriage and thereafter he has refused to marry and has married some other girl. Therefore, applicant has been implicated in this case.
Submission is that the victim is a major woman. She herself entered into relationship with the applicant for the purpose of her own vested interest, since her husband had left her along with the children. Applicant used to support her. There is no question of rape in this case. Applicant is in jail since 17.06.2019 and has no criminal history to his credit.
Per contra, learned AGA and Sri Sandeep Mishra, learned counsel for the informant have vehemently opposed the prayer for bail. Sri Mishra has brought on record an application dated 19.06.2019 given to the Senior Superintendent of Police, Ghaziabad by, Yogita, daughter of the victim, alleging that the applicant has also committed rape on her. He has further stated that in the statement of the victim under Section 164 Cr.P.C. she has made allegation in this regard against the applicant.
However, after hearing the rival contentions, this court finds that in the first information report there is no allegation of rape levelled against the applicant by the daughter of the victim, Yogita. It appears that after first information report was lodged in order to further implicate the applicant the daughter of the victim has made an application to the Senior Superintendent of Police, Ghaziabad and also the victim in her statement under Section 164 Cr.P.C has alleged offence of rape of her daughter by the applicant. However, no separate first information report has been lodged by the daughter of the victim nor her medical examination was conducted nor her statement was recorded for implicating the applicant in this offence. As for the second offence, separate remedy is available to the daughter of the victim, no benefit will accrue to the victim from her statement under Section 164 Cr.P.C and an application purportedly made by the daughter of the victim against the applicant.
In the larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pradeep Kumar @ Happy, involved in Case Crime No.571 of 2019, under Sections 376, 354, 323, 504, 506 IPC and Section 3/4 Protection of Children from Sexual Offence Act, 2012 and 3(2) 5 SC/ST Act, Police Station Modinagar, District- Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 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 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.11.2019 SS