Chandrapal Sharma v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43319 of 2023 Applicant :- Chandrapal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 318 of 2023 at Police Station-Gandhipark, District-Aligarh under Sections 376, 506 IPC and Section 67A of Information Technology Act. The applicant is in jail since 09.06.2023. The bail application of the applicant was rejected by the learned trial court on 20.09.2023. The following arguments made by Shri Saksham Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant and victim were in a relationship for more than a decade.

¶2The FIR is a result of a relationship going awry.

¶3The applicant and the victim resided together in a rented accommodation.

¶4One of the co-tenants had captured some indecent videos.

¶5No indecent photographs of the victim were captured or circulated by the applicant.

¶6The victim has admitted to a consensual relationship with the applicant.

¶7Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

¶8Prosecution evidence does not connect the applicant with the offence.

¶9The applicant does not have any criminal history apart from this case.

¶10The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Chandrapal Sharma be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 6.11.2023 Pravin High Court of Judicature at Allahabad