High Court
Case Details
Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11531 of 2023 Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri Anand Kumar Tiwari, learned counsel for the applicant, and Sri Munne Lal, the learned AGA for the State. The documents produced by the applicant showing that in the medico legal report, no sexual assault has been made, is taken on record and marked as Appendix 'A'. This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant- Imran for enlarging him on bail in Case Crime No.901 of 2022, under Sections 376, 507 I.P.C., registered at Police Station- Etmaddaula, District- Agra. The bail application so preferred by the applicant has been rejected by the court below on 14.02.2023. Learned counsel for the applicant has argued that a first information report has been lodged against the applicant by the complainant before the Police Station Etmaddaula, District Agra purported to be under Section 376 and 507 IPC, being FIR no.901 registered at 06:16 hours with the allegations relatable to 20.12.2022 at 00:00 hours alleging that the complainant is a resident of Khaliya Mandi, Jamuna Bridge, Etmaddaula, District Agra and she is a married woman. It is further the allegation that by mode of mobile phone, the complainant came in contact with the applicant about a month back and they used to interact through video call and on the pressure sought to be exerted by the applicant, she stripped off her clothes and in a compromising situation, she sent a picture through the electronic mode that too through the mobile and on account of that, she was being sought to be black mailed to build up physical relationship with the applicant and pursuant whereto on the fateful day, which is stated to be 20.12.2022, the applicant is stated to have entered into the accommodation of the complainant and thereafter committed bad act. The submission of learned counsel for the applicant is that though the allegations centres around 20.12.2022, but the FIR has been lodged on 28.12.2022 that too after a period of eight days and further in the statement recorded under Section 161 of the CrPC, which is appended as Annexure '2', no reference whatsoever has been given of the date, on which the bad act has been sought to be committed and further so far as, the question with regard to the status of the clothes, which the complainant was wearing, which could be of relevance during the course of the investigation and would have been made a case property, it is being sought to be stated that she had washed the said clothes umpty number of times. The submission of the learned counsel for the applicant is thus that he has been falsely implicated in the case in question. Learned counsel for the applicant has produced the copy of the Medico Legal Report which was conducted on 28.12.2022, in which a specific comment has been made that there is no sexual assault. Alternatively, it is also sought to be argued by learned counsel for the applicant that in case any sexual assault was done, then at that point of time, without any delay, the entire exercise for Medico Legal Examination could have been done. Learned counsel for the applicant has lastly submits that he does not possess criminal history and in this regard, he has invited the attention of the Court towards paragraph-20 of the bail application and he further submits that there is a delay of eight days in lodging in the FIR and he is unnecessarily languishing in jail since 02.01.2023. Learned AGA, on the other hand, submits that though the offence, is alleged to have been committed on 20.12.2022, and the FIR has been lodged on 28.12.2022 and the medico legal examination done on 28.12.2022, wherein it was opined that there was no bad act committed, but the same would not be a sole determinative ground to enlarge the applicant on bail, particularly, when in the FIR as well as in the statement under Section 161 CrPC, a finger has been pointed as an accused upon the applicant. However, the learned A.G.A. could not dispute the fact that the applicant does not possess criminal history and also the fact that there is no sexual assault as per the medico legal report. Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances as well as the fact that there is delay in FIR, sexual assault as per medico legal report not found, the applicant is entitled for bail. In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Imran involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) 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 to any police officer or tamper with the evidence. (v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 10.4.2023 N.S.Rathour Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad