Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25244 of 2021 Applicant :- Sushil Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Pati Tiwari With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21844 of 2021 Applicant :- Ranvir Opposite Party :- State of U.P.
Counsel for Applicant :- Ayank Mishra,Atharva Dixit,Aushim Luthra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Criminal Misc. Exemption Application is allowed.
Since these bail applications arise out of same case crime number, they have been heard together and are being decided by a common order. Criminal Misc. Bail Application No. 25244 of 2021 is being treated as a leading case.
Heard Shri Manish Tiwari, learned Senior Advocate assisted by S/Shri Atharya Dixit and Anand Pati Tiwari, learned counsel for the applicants as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. It is further submitted that incident is said to have been taken place on 19.02.2021 whereas F.I.R. was lodged on 20.02.2021. Victim herself has disclosed her age about 25 years. F.I.R. was lodged against the applicant Ranvir and one unknown person. For the first time, in the statement of the victim recorded under Section 161 Cr.P.C. she disclosed the name of the co-accused as Sushil Kumar. No proper test identification parade has been arranged in this matter. Applicants were not involved in committing the present offence. F.I.R. was lodged on the basis of false facts. Referring to the statement of the victim recorded under Section 164 Cr.P.C., it is further submitted that victim has changed her version at this stage and roped one more person in committing the present offence. Thus, referring to the aforesaid facts, it is further submitted that victim has changed her version stage to stage. In-fact, no such incident ever took place and due to this reason, there is contradiction in the statements of the victim on point of involvement of the applicants. No prima facie case is made out against the applicants. Victim has made false statement. Applicants have no criminal history. They are languishing in jail since 21/22.02.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that although name of the co-accused Sushil Kumar is not named in the F.I.R. yet name of the applicant Ranvir has been disclosed in it. Medical evidence fully supports the oral version. Offence of rape was committed by the accused persons after providing the liquor to the victim. She became unconscious. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Sections 161 & 164 Cr.P.C. and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Sushil Kumar and Ranvir involved in Case Crime No. 56 of 2021, under Sections 376-D, 377 IPC, P.S. Nandgram, District - Ghaziabad be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 23.9.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.09.23 14:50:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad