Shashank Alias Shushank Bajpei Vs State of U.P. and Another

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2157 of 2023

Applicant :- Shashank Alias Shushank Bajpei Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Jeevan Tripathi,Ramesh Chandra Yadav,Surendra Singh

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Counsel for Opposite Party :- G.A.,Laxmi Narayan Rathour

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the entire record.

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The instant application for bail has been moved on behalf of the applicant, Shashank Alias Shushank Bajpei with the prayer to enlarge him on bail in Case Crime No.170 of 2020, under Sections 376D, 457, 506 I.P.C., Police Station Gohan, District Jalaun during pendency of the trial.

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Learned counsel for the applicant has submitted that a false first information report came to be lodged against four named accused persons including the present applicant. His further submission is that in this false case, son of present applicant, Aashutosh Pandey and Surendra Pandey, who were also implicated as co-accused, has already been granted bail by the coordinate Bench of this Court vide its order dated 24.01.2023 & 31.01.2023 passed in Criminal Misc. Bail Application Nos.54527 &43678 of 2022. It is also submitted by learned counsel for the applicant that in fact, there is a civil dispute between the present applicant and husband of the victim. Therefore, the present applicant came to be falsely implicated in this case along with his son and his relatives. It is further submitted by learned counsel for the applicant that though offence of gang rape is said to have been committed upon the victim, however, the medical report does not show the presence of any other external injury on the person of the victim which belies the prosecution story. It is also submitted by learned counsel for the applicant that the Investigating Officer did not find any case under Sections 457 and 376D I.P.C. against the present applicant, therefore, he submitted a report to the Magistrate concerned for dropping the aforesaid sections, however, the same came to be dismissed by the learned Magistrate concerned which also shows that there was no evidence against the present applicant regarding

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alleged offence under Section 376D & 457 I.P.C. The accused/applicant is languishing in jail since 20.09.2022, who has no previous criminal history.

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His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

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Per contra, learned A.G.A. for the State as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail by submitting that the present applicant is named in the first information report. The victim has stated about his presence on the date of occurrence and has also stated that the present applicant has participated in this incident. Therefore, the present applicant is not entitled to be enlarged on bail. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the applicant.

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Having heard the learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and upon perusal of record, it transpires that a named first information report came to be lodged against four accused persons including the present applicant and his son/Aashutosh Pandey. The victim, in her statement recorded under Section 164 Cr.P.C., has stated that the victim and her family members were threatened by the present applicant whereas three other named accused persons have committed rape upon her. The co-accused persons namely Aashutosh Pandey and Surendra Pandey have already been granted bail by the coordinate Bench of this Court vide its order dated 24.01.2023 and 3101.2023 passed in Criminal Misc. Bail Application Nos.54527 and 43678 of 2022. Even in the medical report, no other external injury on the person of the victim has been reported. The accused/applicant is languishing in jail since 20.09.2022, who has no previous criminal history.

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Thus, having regard to the overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed.

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Let the applicant- Shashank Alias Shushank Bajpei be released

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on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial;

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The applicant shall cooperate in the trial sincerely without seeking any adjournment;

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail;

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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 them from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.

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Order Date :- 2.3.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Shashank Alias Shushank Bajpei v. State of U.P. and Another

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Shashank Alias Shushank Bajpei v. State of U.P. and Another

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