Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35740 of 2019 Applicant :- Ram Shabd Opposite Party :- State of U.P.
Counsel for Applicant :- Sheo Shankar Tripathi,Adya Prasad Tewari Counsel for Opposite Party :- G.A.,Prushutam Mani Tripathi.
Hon'ble Siddharth,J.
List of supplementary case has been revised.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ram Shabd, with a prayer to release him on bail in Case Crime No. 153 of 2016, under Sections 376, 354-A, 452, 506 IPC, Police Station Khajani, District- Gorakhpur, during pendency of trial.
Submission is that this case is of mala fide implication and by way of counter blast. The age of the victim is 35 years. It has been submitted that husband of the informant, namely, Sudarshan, is Gram Pradhan and the applicant was at Harnahi in connection with labour work on 02.12.2013 and at 5:00 p.m. on 02.12.2013. Upon the instigation of the victim, her sons, father-in-law and brother-in-law, due to dispute of partition of land, assaulted the wife, son and daughter of the applicant and when only NCR was registered as NCR No. 197 of 2013, under Sections 323, 504, 506 IPC, on account of influence of the husband of the informant, then the applicant filed Complaint Case No. 2165 of 2013, on 10.12.2013 against the victim and her associates in the court of Judicial Magistrate, IInd, Gorakhpur. The court below, vide order dated 16.7.2014 summoned the victim and her associates under Sections 452, 323, 504, 506 IPC. Husband of the victim is Pradhan and on 08.12.2013 when the wife of the applicant was alone in the house then Sudarshan entered the house of the applicant and committed rape with his wife. FIR was lodged by the wife of the applicant, Guddi Devi, against Sudarshan, husband of the victim on 23.02.2014 registered as Case Crime No.
24 of 2014, under Sections 376, 504, 506 IPC, Police Station Khajani, District Gorakhpur. After investigation the police submitted charge-sheet against the husband of the victim, under Sections 376, 504, 506. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 20.7.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Ruchi Agrahari