Allahabad High Court
Sonu vs State Of U.P. on 22 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:169279 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37043 of 2023 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Sandeep Tripathi, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 240 of 2023, under Sections 376, 354-C, 465, 506, 468 IPC & 66-C, 67-A I.T. Act, Police Station- Budana, District- Muzaffarnagar, during pendency of the trial in the court below.
3. FIR of the present case was lodged against the applicant and according to the FIR, applicant came close to the sister of the informant through Instagram and thereafter he committed rape with her and also prepared her indecent videos and photographs and started pressurizing her to change her religion and threatened her either to perform marriage with him or he will upload her indecent photographs and videos on social media.
4. It is further mentioned in the FIR that applicant also prepared fake court marriage document and when in January, 2022 marriage of the sister of the informant was performed with some other fellow then applicant sent her indecent photographs to her husband and due to that reason, marriage of the sister of the informant was broken and when again her marriage was fixed then on the basis of indecent photographs of the victim, applicant got broken her settled marriage.
5. Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and admittedly prosecutrix at the time of lodgement of the FIR was major and from her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it appears that she was consenting party.
6. He further submitted that there is no evidence on record, which can show that applicant either prepared fake id of the victim or sent indecent photographs to anyone. He further submitted that applicant never concealed his identity and since beginning prosecutrix was well aware that applicant belongs to Muslim community.
7. He further submitted that applicant is not having any criminal history and he is in jail since May, 2023.
8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant spoiled entire life of the victim and due to his conduct marriage of the victim was broken and when her marriage was settled again then also he sent her indecent photographs to her fiance and her marriage could not be solemnized but could not dispute the fact that prosecutrix at the time of lodgement of the FIR was major and from her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it appears that she was consenting party and there is no evidence on record, which can show that applicant used fake id of the prosecutrix and sent indecent photographs to her husband.
9. I have heard learned counsel for the parties and perused the record of the case.
10. Although, there is allegation against the applicant that he sexually exploited the victim and also prepared her indecent photographs and videos and thereafter misused the same and also prepared fake id of the prosecutrix but at the time of lodgement of the FIR admittedly prosecutrix was major girl and from her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it appears that she was consenting party.
11. Although, as per the prosecution, during investigation some indecent photographs of the prosecutrix were recovered, which were alleged to have been sent by the applicant after using fake id of the prosecutrix but from the record, it appears that there is no evidence that alleged id of the prosecutrix was made by the applicant and applicant is the person, who sent the indecent photographs to her husband.
12. Further, applicant is not having any criminal history and he is in jail since 29.05.2023.
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- Sonu 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 :- 22.8.2023 KK Patel