Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40949 of 2018 Applicant :- Sudheer Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Srivastava,Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Sudheer in connection with Case Crime No. 539 of 2018 under Section 323, 506, 376 IPC, P.S. Sirsaganj, District Firozabad.
Heard Sri Rajendra Kumar Srivastava, learned counsel for the applicant and Sri J.B. Singh, learned AGA along with Sri Mayank Awasthi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present crime by the prosecutrix on totally made up allegation of the friends of her husband who after being invited outside, and, while she was making tea ravished her. It is pointed out by the learned counsel for the applicant that the present FIR was lodged on 02.09.2018 as above described which is said to have taken place on 30.08.2018. It is pointed out that the prosecutrix though has supported the said version in her statement under Section 164 Cr.PC., the veracity of the prosecution is ex facie clear on a comparison to an earlier FIR lodged by the prosecutrix on 15.07.2018 giving rise to Case Crime No. 472 of 2018, P.S. Sirsaganj, District Firozabad against her brother-in-law (Jeth) Deewan Singh besides co-accused Atul, Shiv Pratap, Sanjeet, Bhure Singh, Jaskaran and Tilak, all friends of her brother-in- law (Jeth), Deewan Singh. In the said FIR, the prosecutrix has said that her child was unwell, and, her husband was away to Faridabad, she called the applicant to secure medical aid to her child and as he arrived, her brother-in-law, (Jeth) Deewan Singh, along with other co-accused, brutally assaulted him after tying him to a tree, with sticks (lathi-danda) and blows. She has said in the said FIR that the thrashing led to much injury to the applicant. It is also said in the aforesaid FIR that the informant was also beaten up mercilessly, somuch so that she is suffered with delirium and had vomiting. It it argued by the learned counsel for the applicant that the present FIR and the prosecution are brought under pressure of her brother-in-law (Jeth), Deewan Singh, in order to coerce the applicant to settle the prosecution, based on the earlier first information report lodged by the prosecutrix against him (that is to say her brother- in-law (Jeth), Deewan Singh). It is urged that there is no logical reason for the applicant, who is a friend of her husbands, of the kind depicted in the FIR dated 15.07.2018, lodged by the prosecutrix against her brother-in-law, to change within the period of 45 days from an angel to a devil. It is also submitted that there is no medico legal corroboration about the allegation of rape.
Learned AGA has opposed the prayer for bail but does not dispute the fact that the earlier FIR dated 15.07.2018 was lodged by the prosecutrix against her brother-in-law (Jeth), Deewan Singh, showing the applicant as the victim of assault alongside herself.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the facts that emerge from the earlier FIR dated 15.07.2018 lodged by the prosecutrix against her brother-in-law (Jeth), Deewan Singh, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sudheer involved in Case Crime No. 539 of 2018 under Section 323, 506, 376 IPC, P.S. Sirsaganj, District Firozabad be released on bail on executing a 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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.10.2018 Deepak