Allahabad High Court
Sanjay Shukla vs State Of U.P. Thru. Prin. Secy. Home Lko ... on 16 December, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10160 of 2022 Applicant :- Sanjay Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Anil Mishra Counsel for Opposite Party :- G.A.,Dheeraj Awasthi Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State-respondent and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No. 371 of 2022, under sections 452,352,,376,506 IPC, Police Station-Kotwali, District-Unnao.
The F.I.R. in question came to be registered in compliance of the order passed on an application filed under section 156(3) Cr.P.C.filed by the prosecutrix. It is alleged that the husband of the prosecutrix died on 19-02-2021. It is further alleged that two months after the death of her husband, the prosecutrix opened the almirah of the deceased husband and found one receipt in which it was mentioned that the accused-applicant had taken Rs. Two Lac as loan from the husband of the prosecutrix and he promised that the said amount would be returned to the husband of the prosecutrix by July,2021. The prosecutrix asked the accused-applicant to return the amount of Rs. Two Lac on which the accused-applicant used to promise that he would return the money. On 22-10-2021 at around, 02.00 p.m. the accused-applicant reached to the house of the prosecutrix and said that he had come to return the money. It is said that the accused-applicant thereafter on the threat of knife committed rape on the prosecutrix. Further allegation was made that the accused applicant had clicked the indecent photographs of the prosecutrix and threatened her that if she would disclose rape or she would ever demand Rs. Two Lac, he would make indecent photographs of the prosecutrix viral.
The incident allegedly took place on 22-10-2021. However, the application under section 156(3) Cr.P.C. came to be filed only on 10-12-2021. The police after investigation in the offence brought the charges for offence under section 3(2)(V) of the S.C/S.T. Act.
Learned counsel for the accused-applicant submits that the accused-applicant has been falsely implicated by the prosecutrix to grab the money from him. The accused-applicant has not committed any offence. The F.I.R. in question came to registered after 67 days of delay. He further submits that there is no witness to support the prosecution case.
On the other hand, Sri Bhanu Pratap Singh, learned A.G.A. and Sri Dheeraj Awasthi, learned counsel for the complainant have opposed the prayer for bail.
I have considered the submissions advanced on behalf of learned counsel for the parties.
Considering the fact that the prosecturix is a widow and there is no receipt recovered by the Investigating Officer during the course of investigation nor the prosecutrix gave it to the Investigating Officer which was genesis of the core incident as alleged in the F.I.R. If such a receipt was recovered by the prosecutrix from the almirah of the deceased, then she would have given the said receipt to the Investigating Officer.
In absence of the receipt, the entire edifice, the prosecution story appears to be shaky and therefore, considering the entirety of the facts and circumstances of the case, I am of the view that the accused-applicant is entitled to be enlarged on bail.
Let applicant, Sanjay Shukla, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 16.12.2022 AKS