Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23740 of 2018 Applicant :- Veer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Irfan,Mahender Pal Singh Yadav Counsel for Opposite Party :- G.A.,Chandresh Kumar Chaurasiya
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Veer Singh in connection with Criminal Complaint Case No. 562 of 2017 under Section 452, 376D, 506 IPC, P.S. Shahabad, District Rampur.
Heard Sri Mohd. Irfan along with Sri Mahender Pal Singh Yadav, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Raj Kumar Yadav, 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 case, which is a motivated prosecution. Spelling out the details of that motivation, the learned counsel for the applicant has pointed out that an FIR was lodged by the applicant, Veer Singh against the husband of the prosecutrx, Amarpal alleging gang rape of his wife by the said Amarpal along with an unknown offender giving rise to Case Crime no.240 of 2017, under Sections 376- D, 506 IPC at Police Station Shahabad, District Rampur. The occurrence in the said FIR is one dated 24.04.2017 and the FIR was registered on 29.04.2017. It is submitted that the applicant at the time of occurrence, where his wife was gang raped by the husband of the prosecutrix on 24.04.2017, tried to come to rescue her, but being injured in his feet, he was pushed aside by the prosecutrix's husband. Thereupon, Shishupal tried to rescue the applicant's wife, but could not do much as the prosecutrix's husband and one unknown offender, both of whom had ravished the applicant's wife, were wielding country-made pistols. It is further pointed out that co-accused Shishupal is an eye-witness to the occurrence whereas co-accused Sunil Gupta is the Village Pradhan, who has stood by the applicant in prosecuting the case against the prosecutrix's husband. It is submitted that the present complaint has been filed some days after registration of the FIR giving rise to Case Crime no.240 of 2017 (supra) on 29.04.2017. This complaint in connection with which the applicant is now detained, was filed on 12.11.2018 by the prosecutrix in order to bargain her husband's freedom by abuse of process of law. The applicant has been implicated in order to compel him to withdraw from the prosecution of Case Crime no.240 of 2017 (supra). The other co-accused who are standing by him either as witness or in the prosecution of his case, have been implicated in the present complaint by the prosecutrix for the same purpose. It is submitted that there is no medico-legal report on record to corroborate the prosecutrix's allegation, which is required in the present case, particularly, looking to the firmly established motivated nature of the prosecution as the learned counsel for the applicant submits. Learned counsel for the applicant further submits that co-accused Sunil Gupta and Shishupal, have been admitted to the concession of bail by orders of date passed in Criminal Misc. Bail Applications nos.23439 of 2018 and 23964 of 2018 respectively, entitling the applicant to the benefit of parity. Learned counsel for the applicant submits that in the background of the said facts, that are evident on record, there is no justification to detain the applicant in jail pending trial.
Learned AGA has opposed the prayer for bail, but does not dispute the factum of parity.
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 fact that the applicant is the informant of Case Crime no.240 of 2017 (supra), where he has lodged an FIR against the prosecutrix's husband on charges of gang rape of his wife, the fact that the prosecutrix is said to have brought the present prosecution to coerce the applicant into withdrawing from the prosecution of Case Crime no.240 of 2017 (supra), the fact that there is no medico-legal report on record to corroborate the allegations of gang rape, 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 Veer Singh involved in Criminal Complaint Case No. 562 of 2017 under Section 452, 376D, 506 IPC P.S. Shahabad, District Rampur 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.
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 on the merits of the case. It is clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence lead unaffected by anything said in this order.
Order Date :- 22.1.2019 Deepak