Allahabad High Court
Sanju Alias Sanjay Khan vs State Of U.P. on 21 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:182961 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37228 of 2023 Applicant :- Sanju Alias Sanjay Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mirza Faheem Beg Counsel for Opposite Party :- G.A.,Shashi Kant Pandey Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record.
2. Heard Sri Mirza Faheem Beg, learned counsel for the applicant, Sri Rahul Kumar Singh Advocate holding brief of Sri Shashi Kant Pandey, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 13 of 2023, under Sections 498-A, 376-D, 323, 506 IPC & 3/4 D.P. Act, Police Station- Mahila Thana, District- Etah, during pendency of the trial in the court below.
4. FIR of the present case was lodged on 08.06.2023 under Sections 498-A, 376-D, 323, 506 IPC and 3/4 D.P. Act against applicant and his family members and according to the FIR, applicant is the jeth of the informant and after marriage, he along with his other family members including husband of the informant tortured her for demand of dowry and he along with his another brother Mukesh sexually exploited the victim several times and on 03.05.2023 in the afternoon, applicant made sexual assault upon her.
5. Learned counsel for the applicant submitted that entire allegations of rape made against the applicant and his brother, who was also jeth of the informant in the FIR and in the statements of the prosecutrix recorded during investigation are totally false and baseless and story narrated by her appears to be improbable and no reliance can be placed on such version.
6. He further submitted that only due to matrimonial dispute, applicant, who is jeth of the informant has been made accused in the present matter along with his younger brother i.e. husband of the informant. He further submitted that on the basis of general and vague allegation of sexual exploitation, applicant along with his another brother Mukesh, who was also jeth of the informant made accused in the present matter.He further submitted that although, as per the statements of the prosecutrix recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. rape was committed by the applicant and her another jeth on 02.04.2023 but in spite of that application for lodging the FIR was moved on 06.06.2023 i.e. after two months and this fact clearly suggests that subsequently on the basis of false allegation of rape due to matrimonial dispute, applicant has been made accused in the present matter.
7. He further submitted that applicant is not having any criminal history and he is in jail since 11.07.2023.
8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the jeth of the informant and there is allegation of rape against him in the FIR as well as in both the statements of the prosecutrix recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. but both the counsels could not dispute the fact that matrimonial dispute is pending between both the sides and even application for lodging the FIR of the present case was moved by the informant after two months.
9. I have heard learned counsel for the parties and perused the record of the case.
10. Although, there is allegation of rape in the FIR as well as in both the statements of the informant recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. against the applicant but admittedly applicant is the jeth of the informant and matrimonial dispute is pending between both the sides.
11. Further, story narrated by the informant in the FIR as well as in her both the statements recorded during investigation appears to be quite improbable.
12. Further, as per the informant, rape was committed on 02.04.2023 but FIR of the present case was lodged on 08.06.2023 and even application for lodging the FIR was moved by the informant on 06.08.2023 i.e. after two months.
13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
15. Let the applicant- Sanju Alias Sanjay Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 21.9.2023 KK Patel