Advocates:
['SHAHNAWAZ AKHTAR', 'G A', '', 'RAVI SHANKAR TRIPATHI']

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10626 of 2021

Applicant :- Manoj Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Shahnawaz Akhtar

Counsel for Opposite Party :- G.A.,Ravi Shankar Tripathi

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned counsel for the

informant, learned A.G.A. for the State and perused the material

on record.

By means of this application, the applicant who is involved in

Case Crime No. 373 of 2020, under Sections 420, 376D, 323

and 506 I.P.C., P.S. Civil Lines, district-Budaun, is seeking

enlargement on bail during the trial.

The FIR of the incident was lodged in pursuance of an

application moved under Section 156(3) Cr.P.C. against the

present accused, co-accused Dr. Hakim Singh and one unknown

person. It was alleged in the FIR that co-accused Dr. Hakim

Singh had made a video clip of the alleged victim and shared

the video clip to present accused. It was also alleged in the FIR

that accused persons have also committed rape with her for a

considerable period after threatening her that they shall get viral

the video clip on internet.

Learned counsel for the applicant submits that the applicant was

a technician and other co-accused Hakim Singh was a doctor

and the alleged victim was a nurse and she was in habit of

lodging false complaint against innocent persons, which is

evident from police report submitted by the police, copy

whereof has been filed as Annexure-3 to the affidavit

accompanying the bail application. The contents of the report

reads as follows:-

"Aavedika Omwati uprokt aspatal me aaya ka kaam karti thi, ek

prarthna patra antergat dhara 156(3) Cr.P.C. me warsh 2019

me Sanjay Singh, putra Ompal, Sohail Khan ki patni rice mil ke

piche Dataganj, zila-Budaun rupya lene tatha balatkar ke

sambandh me diya tha. Jab aavedika Omvati wa vipakshi

Manoj Kumar C.S. Aspatal, Dataganj me kaam karte the tab

Manoj Kumar aur Sanjeev Kumar ko gavah banaya tha, jisme

Manoj Kumar ne gawahi dene se mana kar diya tha, jisse

naaraz ho kar Manoj Kumar aur Dr. Hakim Singh ke virudh

jhoota aarop laga kar prarthna patra preshit kar rahi hai.

Aavedika dabao banane va paisa aithne ke liye jhoota aarop

laga rahi hai."

Learned counsel for the applicant has further submitted that the

medical report of the victim does not indicate any marks of

violence, injury or sexual assault. He also submits that the

main allegation is that the accused persons have made her video

clip but the Investigating Officer of the case during

investigation has not found such video clip. He lastly submitted

that the applicant, who is in jail since 11.1.2021 and has no

criminal antecedents to his credit is entitled to be enlarged on

bail during pendency of the trial.

The prayer for bail has been vehemently opposed by learned

A.G.A., as well as Sri Ravi Shankar Tripathi, learned counsel

for the complainant.

Keeping in view the nature of the offence, evidence, complicity

of the accused, severity of the punishment, submissions of

learned counsel for the parties and without expressing any

opinion on the merits of the case, this Court is of the view that

the applicant is entitled to be enlarged on bail during the

pendency of the trial.

Let the applicant, Manoj Kumar be released on bail in the

aforesaid case on his executing a personal bond and furnishing

two sureties each in the like amount to the satisfaction of the

court concerned subject to the following conditions:-

(a) The applicant shall attend the court according to the

conditions of the bond executed by him.

(b) 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.

It is further directed that the identity, status and residence proof

of the sureties be