Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.159 of 2021, under Sections 376, 342, 506 I.P.C, Police Station-Vibhuti Khand, District-Lucknow, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 25.03.2021. It is further submitted on behalf of applicant that the applicant was trapped in net by the prosecutrix and her associates with intention to take huge money. Learned counsel for the applicant has relied on the WhatsApp chat (which is appended as Annexure Nos.4 and 5) in between the applicant and prosecutrix. He further submitted that with the consent of the prosecutrix, the applicant went to her, and thereafter, in the most strategic manner, FIR in question was lodged. He further submitted that this is a case of consenting party. He further submitted that prosecutrix tried to extract heavy amount to the applicant, then the applicant denied, therefore, FIR in question was lodged. He further submitted that Rs.1 lac was paid to the prosecutrix by the applicant and she was also pressurizing for amounting Rs.5 lac. He further submitted that statement of the prosecutrix under Section 164 Cr.P.C. was recorded after about 51 days from the date of incident. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that statements of the prosecutrix under Section 161 and 164 Cr.P.C. were recorded, but he does not dispute the fact that statement of the prosecutrix under Section 164 Cr.P.C. was recorded after about 51 days from the date of incident. In the counter affidavit, no denial has been made in relation to the para nos.13, 14 and 23 of the bail application.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Vashu Soni @ Reyansh @ Shivam- be released on bail in the aforesaid case crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 28.7.2021 Amit/-