Allahabad High Court
Shiv Kumar vs State Of U.P. on 13 February, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6513 of 2023 Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pal,Dewarshi Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Dewarshi Kumar Rai, learned counsel for the applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 608 of 2022, under Sections 376, 417 I.P.C., Police Station Kotwali, District Pilibhit, during the pendency of trial.
4. As per prosecution story, the applicant befriended the informant on facebook and later on, is stated to have sent her some indecent messages and owing to that acquaintance, the applicant is stated to have started coming to the house of the victim. The applicant is stated to have administered some sedative in a cold drink and thereby, is stated to have sexually assaulted her and made a video of the said act. The applicant is also stated to have kept on entering into the physical relationship with the victim on the pretext of making the said video viral. The applicant is the widower and has no issues. The victim is said to have started living with the applicant in his school. Later on, the family members of the applicant had come to the said school and had threatened the informant of dire consequences. The FIR was lodged by the victim on 23.11.2022.
5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that it is the applicant, who is the victim and not the informant. To buttress his arguments, learned counsel has placed much reliance on the photographs of the victim with four other persons, which have been annexed as Annexure-7 to the bail application. It is next stated that the two parties had an altercation on 24.1.2022 and a case under Section 151 Cr.P.C. was instituted at the police station, which was settled between the parties. The said settlement is filed as Annexure 5 to the bail application.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 23.11.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Shiv Kumar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.
Order Date :- 13.2.2023 Shalini