High Court
Case Details
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36240 of 2021 Applicant :- Aman Kumar Shankhwar Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Yadav,Gautam Dubey,Tej Om Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Ms. Gauri Dubey, Advocate (AOR No. A/G0183/2019) holding brief of Sri Gautam Dubey, learned counsel for the applicant, and Sri A.K. Ojha, learned AGA for the State. This bail application purported to be under Section 439 of the Cr.P.C. has been moved for seeking bail in Case Crime No. 100 of 2021 under Sections 363, 384, 328 I.P.C. registered at Police Station- Firozabad North, District- Firozabad. The bail application of the applicant has been rejected by the court below, on 23.03.2021. The learned counsel for the applicant has argued that the FIR has been lodged by one Mukesh before Police Station Firozabad North, Firozabad being FIR No. 0100 on 11.02.2021 at 17:10 hours against the applicant and one other accused persons relatable to the commission of the offence on 08.02.2021 with the allegation that the complainant's daughter is a minor girl and on the unfateful day i.e. 08.02.2021 the applicant along with the co-accused Moolchand, had enticed away his daughter and while leaving the house, his daughter has taken certain valuable things. She has drawn the attention of the court towards page no. 15 of the bail application which happens to be the statement of the complainant which is reiteration of the allegation contained in the FIR. She next drawn the attention of the court towards page 19 which happens to be the statement of the victim recorded u/s 161 Cr.P.C. wherein she has come up with the stand that she is aged about 13 years and the applicant took her and he demanded Rs. 7,500/- from her. She has further drawn the attention of the court towards page no. 26 which happens to be statement of the victim recorded u/s 164 Cr.P.C. whereby she has come up with a stand that the co- accused Moolchand had asked a question to her as who was the person to whom the victim used to love most then she replied that it was her brother then threat has been administered to her that her brother will be killed in case the demand of Rs. 7,500/- is not fulfilled. Learned counsel for the applicant has eventually argued that neither in the FIR nor in the statements of the victim recorded u/s 161 and 164 Cr.P.C. the victim has come up with the stand that her modesty was not outraged however, this much has been alleged that the victim was administered something in water which make her unconscious and she was taken from one place to another and thereafter left. She further argued that even if the case of the prosecution is taken into face value then there is no motive attributable as the story so sought to be propounded by the prosecution is not only a bundle of lies but also a story which is improbable to belief itself. She further drawn the attention of the court towards paragraph no. 15 so as to contend that the applicant does not possess any criminal history and he is unnecessary languishing in jail since 25.02.2021. Countering the said submission learned AGA for the State has opposed the bail while arguing that the name of the applicant not only finds place in the FIR but also in the statements of the victim recorded u/s 161 and 164 Cr.P.C., however, he could not dispute the fact that the modesty of the victim was not outraged and further the fact that the applicant does not possess criminal history. Considering the submission so advanced by the learned counsel for the parties, on the question of bail, prima facie this Court finds that this is a fit case for grant of bail particularly in view of the fact that the applicant does not possess criminal history and further the fact that the modesty of the victim was not outraged and she is not sustained any physical injury and further that the applicant is languishing in jail since 25.02.2021 and looking into the nature of the 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. Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons. 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 Aman Kumar Shankhwar 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). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained. Order Date :- 2.3.2022 Nisha Digitally signed by NISHA KUMARI Date: 2022.03.04 16:50:55 IST Reason: Location: High Court of Judicature at Allahabad