Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16920 of 2021 Applicant :- Vinay Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Devi Dayal,Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution version, prosecutrix was staying with applicant and his family members since last four years. The applicant used to threat and beat the deceased and that he physically exploited her for four years. The prosecutrix has alleged that brothers of applicant have also committed rape upon her.
It has been argued by learned counsel for the applicant that prosecutrix is a mature and married lady aged 28 years and that she was staying with applicant. The allegation regarding threat or alleged rape are thoroughly false and baseless. In fact the prosecutrix was residing with applicant in relationship and she was never harassed by the applicant or his family members. Learned counsel submitted that in first information report, besides the applicant, his five family members have also been named and that allegations of rape were also made against brothers of applicant, but during investigation this version was found false and the five family members of applicant named in first information report were exonerated by the police during investigation. Learned counsel submitted that the first information report of this case has been lodged just to exert undue pressure on applicant. Learned counsel has referred several statements and also statement of victim recorded under Section 161 and 164 Cr.P.C. and submitted that the version of prosecutrix is thoroughly false and improbable. It has been further submitted that the applicant is languishing in jail since 01.11.2020, 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. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vinay Sharma involved in Session Trial No. 183 of 2021, Case Crime No. 597 of 2020, under Sections 376, 323, 506 IPC, P.S. Sadar Bazar, District Agra, 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 :- 27.7.2021 A. Tripathi