Allahabad High Court
Subodh @ Shubham Sharma vs State Of U.P. on 1 July, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:105990
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20512 of 2024
Applicant :- Subodh @ Shubham Sharma
Opposite Party :- State of U.P.
Counsel for Applicant :- Sheetal Prasad Chakravorty
Counsel for Opposite Party :- G.A.,Santosh Singh
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Shri Sheetal Prasad Chakravorty, learned counsel for the applicant and Shri Akash Mishra holding brief of Sri Santosh Singh learned counsel for the informant as well as Shri Ashutosh Srivastava, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 75 of 2024, under Sections 376(2)(n), 328, 504, 506 I.P.C., Police Station Hanumant Vihar, District Kanpur Nagar, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have committed rape with the victim-informant on 16.01.2021 by intoxicating her and is stated to have even continued entering into corporeal relationship with her by threatening her to make her photographs and video viral on social media. The applicant is stated to have promised her to marry her but subsequently refused.
5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The F.I.R. is delayed by about three years and there is no explanation of the said delay. Learned counsel has further stated that the victim is major and is a consenting party as there is no video and photographs on record to suggest that the applicant threatened her.
6. Learned counsel has placed much reliance on the judgments of Supreme Court passed in case of Pramod Suryabhan Pawar vs. State of Maharashtra and Another, 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, 2022 SCC OnLine SC 886, wherein it has been stated that entering into any kind of corporeal relationship with a person on the pretext of getting married cannot be termed as rape and has stated that as such no offence is made out against the applicant.
7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 22.03.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions raised by the learned counsel for the applicant.
9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.
10. Let the applicant- Subodh @ Shubham Sharma, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(v) 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.
11. 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 by the court concerned before the bonds are accepted.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 1.7.2024
Jitendra
