Allahabad High Court
Deepak Sahani vs State Of U.P. on 26 November, 2020
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 93 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38649 of 2020 Applicant :- Deepak Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record.
Applicant has moved the present bail application seeking bail in Case Crime No. 131 of 2020 under Section 363, 366, 376 IPC and Section 3/4 POCSO Act P.S. Madhuban, District Mau.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. As such, no incident took place as alleged by the victim in the FIR.
Learned counsel for the applicant has further submitted that initially the FIR was lodged under section 363, 366 IPC, thereafter during course of investigation, sections 376 IPC and section 3/4 POCSO Act was inserted. Learned counsel for the applicant has further submitted that as per the prosecution, incident took place on 25.12.2019 whereas the FIR was lodged on 27.02.2020 after two months of the incident without giving any reasonable explanation for delay in lodging the FIR.
Learned counsel for the applicant has further drawn the attention of the Court to the statements of the victim recorded under Section 161 and 164 Cr.P.C. in which she herself has admitted this fact that she was in love affair with the applicant for the last two years and had gone to Delhi with the applicant of her own sweet will, where she got solemnized marriage with the applicant in a temple and were living together as husband and wife and it appears that she is consenting party. He has further submitted that the victim had denied internal and external examination before the doctor.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 5.6.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant Deepak Sahani involved in the aforesaid case be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.11.2020 v.k.updh.