Dharmendra v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43607 of 2023 Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar,Vijay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Rakesh Kumar Garg, Advocate, filed his power today on behalf of the informant, which is taken on record.

¶2Heard Sri Ajit Kumar, learned counsel for the applicant, Sri Rakesh Kumar Garg, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 322 of 2023, under Sections 376, 120-B, 328, 354-Ga, 504, 506 IPC, Police Station-Iglas, District-Aligarh, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against applicant and co-accused Gaurav on 06.07.2023 and according to the FIR, applicant is the cousin brother of the daughter of the informant and on

24.06.2023 he has taken the victim at his house where co-accused Gaurav committed rape with her.

¶5It is further mentioned in the FIR that co-accused Gaurav for last several months was continuously harassing the victim and several times committed rape with her. It is further mentioned in the FIR that co-accused Gaurav threatened the victim to viral her indecent photographs.

¶6Learned counsel for the applicant submitted that applicant is the cousin brother of the victim and entire allegation made against the applicant is totally false and baseless and only being friend of co-accused Gaurav, he has been made accused in the present matter and there is no allegation of rape against the applicant and only allegation against him is that he has taken the victim at his home where co-accused Gaurav committed rape with her. He further submitted that bail application of co-accused Gavura has already been allowed by co-ordinate Bench of this Court and his bail order has been annexed along with the instant bail application.

¶7He further submitted that applicant is not having any criminal history and he is in jail since 28.08.2023.

¶8Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10Considering the fact that there is no allegation of rape against the applicant and allegation of rape is against co-accused Gaurav and bail application of co-accused Gaurav has already been allowed, in my view, applicant is also entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Dharmendra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.10.2023 / KK Patel High Court of Judicature at Allahabad