Allahabad High Court
Ashok vs State Of U.P. on 8 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38937 of 2020 Applicant :- Ashok Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 380 of 2019, under Sections 376, 342, 323 & 506 of I.P.C., P.S. Sungadhi, District Pilibhit.
As per F.I.R., which has been lodged by the victim herself, it has been stated that she had gone to Pilibhit to the place of her acquaintance i.e. co-accused Asha, where the accused applicant had been given opportunity by the co-accused Asha to commit her rape after closing the accused applicant and the victim inside the room. In the said room, the applicant is said to have forcibly committed rape upon her and threatened that her video clipping has been made and would be placed on facebook and dirty messages were also being sent by him and he has also given threat that acid would be thrown upon her.
Applicant has been falsely implicated by the informant in the present case and attention has been drawn to the fact that the victim had refused to get herself medically examined as is evident from page no. 26 of the paper book. In the statement of 164 Cr.P.C. the same version has been repeated modifying the same to the extent that Nikku had taken some nude photos of the victim which is modification of the earlier statement. The accused applicant has no criminal history; he is in jail since 03.09.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that the victim had refused to get herself medically examined, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ashok involved in 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 8.1.2021 VPS