Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8021

of 2021

Applicant :- Sanjeev Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Praveen Singh,Abhishe Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Praveen Singh, learned counsel for the applicant and

Sri G. P. Singh, learned A.G.A. for the State and perused the

record.

This Bail Application (under Section 439 Cr.P.C.) has been

moved for seeking bail in Case Crime No. 263 of 2020, under

Sections 376 of I.P.C., P.S. Mansoorpur, District Muzaffarnagar.

As per F.I.R., which was got lodged by the victim herself

through provisions of 156(3) Cr.P.C., stating therein that the

accused applicant had entrapped her in a love affair with the

help of his niece Ishu and had started exploiting her physically

and he had made video clipping of the same. On 03.09.2020, at

about 02:30PM, the accused applicant had called the victim

telling her to come Chandhigarh and she disclosed about it to

her husband and thereafter, the accused applicant along with

other co-accused named in the F.IR. entered into her house and

had beaten her husband and some poisonous substance was

given to the victim.

It has been argued on behalf of the learned counsel for the

accused applicant that accused applicant has been falsely

implicated in this case. It is further argued that as per medical

examination, hymen of the victim was found old torn and

healed but no physical injury was noticed on her body. He has

drawn attention towards the statement of victim under Section

161 Cr.P.C. in which the victim has reitered the version of the

F.I.R. but she has stated in her statement under Section 164,

modifying her statement to the effect that when she had gone

out to attend the call of nature, at 04:30PM, the accused

applicant had come there and made her unconscious by making

her smell some cloth and committed rape upon her and video

clipping was also made thereof. It is further argued that the

victim is a married lady having three children and the accused

applicant was living in the house of the victim and he has

supported the victim financially during lockdown but later on

the accused applicant had married and settled with his wife in

Chandigarh and the informant was putting pressure upon him to

return and to substantiate this fact, he has drawn attention

towards the statements of independent witnesses, Anil Kumar

Sharma, Janeshwar Bajara, Smt. Mamtesh, Vishambhar Singh,

Smt. February and others. The accused applicant has no

criminal history; he is in jail since 05.11.2020; if the accused is

released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the bail but has not controverted

the aforesaid facts.

Looking to the fact that victim is a married lady and she

disclosed her husband about her rape and video clipping having

been made by the accused applicant but no resistance appears to

have been shown by her husband, which seems to be

improbable, considering the quantum of the punishment, nature

of the offence and period of detention in jail, without expressing

any opinion on the merits, this case is found to be a fit case for

bail.

Let the applicant Sanjeev Kumar 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 :-

1. The applicant shall not tamper with the prosecution evidence

by intimidating/ pressurizing the witnesses, during the

investigation or trial.

2. The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or

commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties

be verified