Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22414 of 2019 Applicant :- Arvind Opposite Party :- State of U.P.
Counsel for Applicant :- Shivajee Singh Sisodiya,Bhaskar Bhadra,Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 36/2019, under Sections 498A, 323, 504, 506, 376, 377, 354 IPC and Section 3/4 D.P. Act, police station Mahila Thana, District Bareilly with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has not committed any offence. It was submitted that the marriage of applicant with victim was solemnized on 21.02.2019. It was further submitted that as per version of victim on the night of 24.02.2019 after consuming some sex enhancing medicines, applicant has committed unnatural sex/carnal intercourse on victim against her wishes and resultantly she has sustained complications at her private parts. Learned counsel has submitted that there is absolutely nothing to show that applicant has any intention or motive to cause any harm to the victim and that there were no allegations of dowry demand or harassment of victim. It was further submitted that after alleged incident, applicant has taken victim to the doctor but later on her father got prepared her medico-legal report and thereafter the present FIR was lodged. Learned counsel has referred discharge slip, issued by concerned doctor, wherein it has been stated that after operation her condition has improved and she was discharged from the hospital. It has further been argued that the applicant is in judicial custody since 27.03.2019, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant has committed unnatural sex/carnal intercourse upon his wife/victim against her wishes Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Arvind involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.10.2021 Anand