Allahabad High Court
Manoj Sharma vs State Of U.P. And Another on 31 May, 2022
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9724 of 2022
Applicant :- Manoj Sharma
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sujan Singh
Counsel for Opposite Party :- G.A.,Ajai Kumar Srivastava
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Manoj Sharma, in Complaint Case No. 245 of 2019 (Akansha Verma vs. Manoj Sharma), under Sections 376, 506 IPC and 3/4 of Protection of Children from Sexual Offences Act, Police Station-Kotwali, District-Agra.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 12.11.2021; he was of three criminal antecedents, wherein, he is of judgment of acquittal; presently there is one criminal antecedent, which is subsequently to present occurrence; false implication is there that too by way of a compliant case; it was a counterblast of Case Crime no. 51 of 2019, got lodged by applicant against real brother of present complainant, wherein, bail has been granted to accused, but no whisper of present occurrence is there; the previous case was got lodged by the applicant; subsequently, this counterblast was lodged; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA and counsel for other side has vehemently opposed with this contention that complaint and statement recorded under sections 200 and 202 Cr.P.C. is there.
Having heard and gone through materials placed on record, it is apparent that prosecutrix has said her age to be of 16 plus; she never made any complaint for long time as has been said by herself in her statement under Section 200 Cr.P.C.; complaint was lodged with a delay.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Manoj Sharma, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2022
Dhirendra/
