Allahabad High Court
Brijesh Kumar Sharma @ Brijesh ... vs State Of U.P. And Another on 17 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
RESERVED ON 10.1.2023
DELIVERED ON 17.1.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47636 of 2022
Applicant :- Brijesh Kumar Sharma @ Brijesh Pandit
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Awadhesh Kumar Shukla
Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava
Hon'ble Siddharth,J.
Counter affidavit filed by learned counsel for the informant and rejoinder affidavit filed by learned counsel for the applicant are taken on record.
Heard Shri Awadhesh Kumar Shukla, learned counsel for the applicant; Shri Manoj Kumar Srivastava, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Brijesh Kumar Sharma @ Brijesh Pandit, with a prayer to release him on bail in Case Crime No. 519 of 2022, under Sections 376,384,354-A,506 IPC and section 67-A of I.T. Act Police Station Tajganj, District- Agra, during pendency of trial.
There is allegation against the applicant of befriending the victim/informant and sending obscene messages on her Whatsapp. There is also allegation against the applicant of blackmailing her and posting unbecoming and defaming messages regarding the victim in different Whatsapp groups affecting her social reputation and demanding extortion money of Rs. Five lacs.It is also alleged that applicant had committed similar offence against other ladies also.
Learned counsel for the applicant has submitted that victim is a divorcee. She has two children from her divorced husband and she came in touch of the applicant, who is aged about 62 years old man, involved in social work.He has helped her by paying fees of her children and details of transaction has been brought on record. He has submitted that the informant organised ''Devi Jagaran' in 2021 in her house and requested the applicant to make booking of tent, etc. wherein he incurred expenses of Rs. 1,50,000/- .She never made the payment of the same. The offence of rape is alleged to have been committed on 28.5.2022. Application was given to I.G. range, Agra on 28.6.2022 by the victim. Applicant is a heart patient and has also under gone surgery of Urethera. Applicant has also given legal notice to the informant on 24.6.2022 against her conduct of defaming him in the society and only thereafter she filed the application before the I.G. range on 28.6.2022. It is a case of malicious implication of the applicant.The medical report of victim does not supports the prosecution case.The vicitim has refused her pathological examination. The applicant is in jail since 15.8.2022 and has no criminal history.
Learned counsel for the informant has vehemently opposed the bail prayer of the alongwith learned A.G.A.Learned counsel for the informant has brought on record some Whatsapp and Instagram messages in this regard. The messages show that it casts aspersion on the character of the informant on the character on social media.
After hearing the rival contentions, it appears that applicant and informant are well known to each other and they have grudge against each other for the reasons best known to them. Both are major and it also appears that there is some conflict of interest between them regarding their work .It is not a simple case of commission of rape, etc., as alleged in the First Information Report.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above,finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
4. That 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 17.1.2023
Atul kr. sri.
