Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26127 of 2021 Applicant :- Bobby Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Agrawal
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Bobby, who is involved in Case Crime No. 37 of 2021, under sections 323, 376, 504, 506 IPC, police station Narkhi, district Firozabad, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the informant lodged first information report dated 28.01.2021 in respect of incident, which took place on 21.08.2020 against four accused persons, namely, Bobby (applicant) (brother-in-law), Bantu (brother-in- law), Yogesh (brother-in-law) and Lakhan Singh (father-in-law) alleging inter alia that marriage of informant with Mahesh Chandra (brother of the applicant), was solemnized in the year 2006, but unfortunately he died on 04.01.2020 and she has three children from her husband. The first information report further alleges that after the death of her husband, the informant/victim was persuaded to live with the applicant on the assurance of accused persons that they will solemnized her marriage with the applicant. The victim believing the words of family members as true started living with the applicant, but after passing some time, the applicant has refused to marry her and she was sexually abused by the applicant. On making resistance, she was also assaulted with lathi, danda and sickle (hansiya) and also by kicks and fists by the accused persons on 21.08.2020. Thereafter, she was compelled to live in her parental home. She has also made allegation that the accused persons are not inclined to give share of her husband in the ancestral property to her.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive because there is dispute of share of her husband in the ancestral property. The informant wants to sell the share of her husband in the ancestral property, therefore, she has lodged the first information report against the applicant and other accused persons in order to settle her personal score. It is also submitted by the learned counsel for the applicant that informant/victim in her statement under section 164 Cr.P.C. apart from making allegation against the applicant as mentioned in the FIR, has also made an improvement by stating that she was forced to bring Rs. 9,00,000/- (rupees nine lac only) from her brother otherwise she will not be permitted to live in her matrimonial home. It is also pointed out by the learned counsel for the applicant that from the statement of children of the victim, it is also apparent that she was living with the applicant after the death of her husband, as such she was consenting party with the applicant. As per medical examination report of the victim, no injury has been found. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 01.05.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute that the victim is widow and she has been living with the applicant on her own sweet will.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that the victim is widow and after the death of her husband, she started living with the applicant on her own sweet will and there is some property dispute relating to share of her husband in the ancestral property, therefore, possibility of false implication of the applicant in the present case cannot be ruled out. I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Bobby, 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 concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 12.8.2021 Sazia Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.12 17:35:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad