Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13995 of 2021 Applicant :- Sanjay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.,Virendra Singh Chauhan
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Sanjay Singh in connection with Case Crime No. 87 of 2020 under Sections 376-D, 506 IPC P.S. Kotwali Sikandrarau, District Hathras.
Heard learned counsel for the applicant, Mr. Virendra Singh Chauhan, learned counsel for the complainant and the learned AGA for the State through video conferencing.
It is submitted by the learned counsel for the applicant that in the first information report lodged by the prosecutrix, co- accused Kaptan @ Sangram Singh alone is nominated along with an unknown man whose identity the prosecutrix did not know. It is argued that much after the first information report was registered on 04.03.2017, the statement of the other eye witness, Pallavi was recorded, who again said that she did not know the identity of the person who was involved along with Kaptan @ Sangram Singh. It is, particularly, argued that the applicant's name has been introduced for the first time by the prosecutrix in her statement recorded under Section 164 Cr.P.C. on 27.05.2020, that is to say, two months and twenty-three days after the occurrence, based on afterthought. There is no basis whatsoever to her sudden acquisition of knowledge about the name of other co-accused, that is to say, the applicant. It is urged that the applicant has been falsely implicated on account of some issues between the prosecutrix and the co-accused Kaptan @ Sangram Singh. The applicant's name appeared much later because he is a good friend of Kaptan @ Sangram Singh's. It is argued that the applicant belongs to a respectable family and is in jail since 22.01.2021.
The learned A.G.A. and the learned counsel appearing for the complainant have vehemently opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that in the first information report lodged by the prosecutrix, there is no mention of the other offender's name besides co-accused Kaptan @ Sangram Singh, the fact that the name of the applicant has been introduced for the first time after a lapse of more than two months in the statement under Section 164 Cr.P.C. without any basis to the acquisition of that knowledge or information of the prosecutrix, the fact that the applicant is in jail since 22.01.2021, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Sanjay Singh in connection with Case Crime No. 87 of 2020 under Sections 376-D, 506 IPC P.S. Kotwali Sikandrarau, District Hathras be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 10.5.2021 Deepak