Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45203 of 2021 Applicant :- Sanjay Kumar Goyal Opposite Party :- State Of U.P Thru Secretary Home Lknw.
Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the applicant, Sri Ankit Srivastava, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sanjay Kumar Goyal, seeking enlargement on bail during trial in connection with Case Crime No. 474 of 2021, under Sections 498A, 354, 323, 504, 506 I.P.C. registered at P.S. Kotwali Nagar, District Muzaffar Nagar.
The prosecution case as per the F.I.R. lodged on 13.8.2021 at about 14:25 hours by the victim naming Ram Kumar who is husband, Sanjay Kumar (devar) and Smt. Sushila (mother-in- law), is that she has been married to Ram Kumar around 20 years back. Since marriage her devar Sanjay Kumar was having an evil eye on her. He used to touch her body inappropriately and used to make immoral actions. She used to tell him not to do so, to which he threatened her and her sons of dire consequences. She told her husband and mother-in-law about it but they advised her not to tell anyone for the respect of the family. On 07.08.2021 the applicant called her on mobile and told her that he would get a lot of money if she sits naked in a closed room in front of him and one Bhagat who came from Haridwar, where puja will be performed. She has recording of the said conversation. She refused the same after which he came to the house and forced her and said that she would get a lot of money and he would transfer his motorcycle in the name of her son but she refused the same and then she was beaten by him and then he left the place extending threat to her and her sons of dire consequences. She told her husband and mother-in- law about it but they said that he is not doing anything wrong. They said that they are with Sanjay and they would force her in prostitution and want to earn money. She refused the same and then she was pushed out of the house. When her sons came to the house they asked about her and then they were also beaten and thrown out of the house and said that their mother has to do prostitution.
Learned counsel for the applicant argued that the prosecution story as stated by the first informant in the F.I.R. is false and incorrect. It is argued that in the statements recorded under Sections 161 and 164 Cr.P.C. the victim has not stated about the applicant touching her inappropriately and having an evil eye on her which has been mentioned in the F.I.R. It is further argued that marriage of victim was solemnized with the brother of the applicant around 20 years back and there was some dispute with regards to partition of property. It is argued that the present case is a case of no injury and she has not been medically examined. The victim has not disclosed the name of Bhagat who is said to have been called for exorcism. It is argued that the dispute is with regard to partition of property which has been given a totally different colour. It is argued that the applicant has no other criminal antecedents as stated in para-25 of the affidavit and is in jail since 20.9.2021.
Per contra, learned State counsel opposed the prayer for bail and argued that the applicant is named in the F.I.R., in the statements under Sections 161 and 164 Cr.P.C. There is an allegation of making an effort to force the victim for prostitution.
After having heard learned counsels for the parties and perusing the record, it is evident that the version as given in the F.I.R. is in variance with the statements recorded under Sections 161 and 164 Cr.P.C. The present case is a case of no injury.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Sanjay Kumar Goyal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 Naresh Digitally signed by Justice Samit Gopal Date: 2021.10.29 18:15:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad