HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 48783 of 2019
Applicant :- Sudhir
Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi
Counsel for Opposite Party :- G.A.,Arvind Kumar
Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, Shri Adesh Kumar holding brief of Shri Arvind Kumar, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sudhir with a prayer to release him on bail in Case Crime No. 220 of 2019, under Sections 457, Section376, Section323, Section506 IPC, Police Station Chhaprauli, District- Baghpat, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that age of the victim is 26 years and is married women.She has two children.Earlier the victim implicated the applicant for offence under Sectionsection 354 I.P.C. and thereafter on the complaint made by her applicant was challaned under Sectionsection 151/Section107/Section116 Cr.P.C. Now she has implicated the applicant for the offence of rape.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. The elder, brother of the applicant, Pramendar, has dispute with his wife.He is involved with a teacher of his school. .He has constructed the school on the land of his father wherein applicant is also having share.He has encroached upon whole land.The victim works in the school of his brother,therefore he setup the victim and falsely implicated the applicant.The injury on the body of the victim is not result of sexual violence.The allegation that applicant applicant climbed the wall of the compound of the victim thereafter committed rape at 2 A.M. is not credible, since the height of boundary wall of her house is ten ft. and in the boundary wall sharp glasses have been fixed. The applicant is languishing in jail since 23.7.2019. He has criminal history of only the aforesaid case. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has vehemently opposed the prayer for bail along with learned A.G.A. and submitted that applicant has committed rape of the victim by jumping over boundary wall of her house and victim has received injury on her head, breast and abdomen which is proved from her statement under Sectionsection 164 Cr.P.C.In her statement under Sectionsection 164 Cr.P.C. she has supported the allegations of the First Information Report. The victim in her cross examination has stated that she does not knows the length and breadth of his house.
After hearing the rival contention,it is clear that there is prior enmity between the applicant and other side.In the challani report dated 23.6.2019 police has recorded that applicant and his brother have married two real sisters.The victim supports the elder brother of the applicant,therefore applicant has been implicated in this case.There is tension between the parties and other side wants to implicate the applicant in some other case soon thereafter.On 4.7.2019 the applicant has been implicated in this case.
Having considered the submissions of the parties noted above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is expected to conclude the trial within one year from the date of production of certified copy of this order.
Order Date :- 11.12.2019
Atul kr. sri.