Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35233 of 2021 Applicant :- Shubham Soni Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Chandra Solanki,Imran Ullah,Mujeeb Khan,Om Prakash Singh,Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.,Manoj Goswami
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It was stated that the prosecutrix is a working lady, aged 22 years, and that her allegations that applicant has been committing rape upon her since long on the pretext of marriage, are thoroughly false. Learned counsel has referred the FIR as well as statement of victim girl, recorded under Section 161 and 164 Cr.P.C., wherein, she has inter-alia stated that in order to help the applicant, she has shared her room with applicant and they have remained in live-in-relationship and that applicant has established physical relations by promising that he would marry her but now he has refused to marry with her. It was pointed out that in her statement, under Section 161 Cr.P.C., victim girl has stated that she has met with applicant in the year 2014 and thus, it is apparent that they were having friendship since long and that victim has refused to undergo medical examination thus, her version is not supported by any medical evidence. It has been submitted that there may have been some money transactions between them but the allegations of rape, are thoroughly false in fact the applicant has lost his job during lock-down period and he has returned back to his home. It was stated that applicant is a qualified software engineer and that now he is languishing in jail since 04.07.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail. Learned counsel for the first informant has argued that applicant has been physically exploiting the prosecutrix since long on pretext of marriage and that he has also exploited her economically and he has spent huge amount from her credit card. It was stated that applicant was not working and thus, he has used the earnings of prosecutrix and due to act and mischief of applicant, the prosecutrix has gone into depression and getting treatment. It was submitted that in her statement under Section 161 and 164 Cr.P.C., she has made allegations of rape against applicant. It was also stated that family members of applicant were also threatening the prosecutrix.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Shubham Soni involved in Case Crime No.444 of 2021, under Sections 376, 323, 504, 506, 420 and 406 IPC, P.S. Phase-III, District Gautam Budh Nagar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 20.12.2021 Neeraj