Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48295 of 2018 Applicant :- Afsar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajat Agarwal,Lokesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Afsar in connection with Case Crime No. 251 of 2018 under Section 498A, 323, 506, 354B, 376 IPC and Section 3/4 Dowry Prohibition Act, P.S. Jhinjhana, District Shamli.
Heard Sri Lokesh Kumar Pundir, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that he is a brother-in-law (Devar) to the prosecutrix. It is submitted that the allegation has come up in the background of matrimonial discord between the applicant's brother and the prosecutrix who married of their free will. Lateron, the prosecutrix deserted the applicant's brother, left him and married another man Jarrar, whom too, she lateron deserted and implicated in a case of rape being Case Crime No. 290 of 2014 under Section 376, 323, 506, P.S. Mahila Thana, District Meerut. It is further pointed out that the allegation in the FIR is one of attempt which in the statement under Section 164 Cr.P.C. has been improved to a case of rape, all of which are a fall out of a matrimonial alliance between the prosecutrix and the applicant's brother, her estranged and former husband. The submission in substance is that there is not a grain of truth to the allegation of rape which has been brought in to give more teeth to the prosecution case of matrimonial offences under Section 498A IPC etc. against the husband and other members of the family and to spite them all.
Learned AGA has opposed the prayer for bail but does not dispute that the applicant is a brother-in-law (Devar) to the prosecutrix and further that the prosecutrix and the applicant's brother are an estranged couple.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that the background of dispute is a matrimonial discord between the applicant's brother and the prosecutrix who are an estranged couple, the fact that in the FIR the allegation is one of attempt, which, in the statement under Section 164 Cr.P.C., has been improved to a case of rape, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Afsar involved in Case Crime No. 251 of 2018 under Section 498A, 323, 506, 354B, 376 IPC and Section 3/4 Dowry Prohibition Act, P.S. Jhinjhana, District Shamli be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 18.12.2018 Deepak