Allahabad High Court
Harish Kumar Sharma vs State Of U.P. on 6 January, 2021
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47698 of 2020 Applicant :- Harish Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant as well as learned AGA for the State and perused the material on record.
It is submitted by learned Counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant was not named in the FIR and the report was lodged against one Arjun Yadav. The statement of victim was recorded under section 161 Cr.P.C. in which she has stated that she went with co-accused Arjun Yadav on her own will and there was no allegation against the applicant. In the statement recorded under section 164 Cr.P.C., the allegation levelled against the applicant is that she was kidnapped by co-accused Arjun Yadav and the applicant on gunpoint. It is submitted by learned counsel for the applicant that there is contradiction in the statements of victim recorded under section 161 and 164 Cr.P.C. He next submitted that the age of victim is assessed as 17 years in the medical report and variation of two years on higher side is possible. She is consenting party as she went with co-accused Arjun Yadav on her own will but the applicant being relative of co-accused Arjun Yadav, has been falsely implicated in this case. The applicant has not committed any offence as alleged in the FIR. Learned counsel for the applicant lastly submitted that the applicant is in jail since 24.10.2020 and if he is released on bail, he will not misuse the liberty of bail.
On the other hand, learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant-Harish Kumar Sharma be released on bail in Case Crime No.95 of 2020 under Sections 363, 365 IPC registered at Police Station Barla, District Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i)The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 P.P.