Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34778 of 2018 Applicant :- Dinesh @ Kasturi Opposite Party :- State Of U.P.
Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava,Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Dinesh @ Kasturi in connection with Case Crime No. 322 of 2018, under Section 498-A, 376, 323, 504, 506, 120-B I.P.C., Police Station daurala, District Meerut.
Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that though the prosecutrix has spoken inculpatory in her statements to the police, and, before the Magistrate against the applicant alleging rape, the prosecution is entirely motivated and false, inasmuch as, it is the fall out of a matrimonial dispute between the prosecutrix and her husband, who is the applicant's younger brother. The applicant is a brother-in-law (Jeth) to the prosecutrix. It is submitted that the entire family have been involved in the present case which is reported under Section 498-A, 376, 323, 504, 506, 120-B I.P.C. with different allegations being assigned to various member of the husband's family. It is said that the allegation under Section 376 I.P.C. has been attributed to the applicant, because that had to be done in order to give more teeth to the case, as otherwise, the provisions of Section 41A make it not a routine to arrest in the matter where offences are punishable with a sentence upto seven years. It is submitted that the applicant has been implicated in order to cause the family members of the husband to be immediately arrested, without a grain of truth to it. Learned counsel for the applicant has invited the Court to the medico legal report which does report "no mark of any external or internal injury present". It is submitted that looking to the overall circumstances of the case, there is no justification to detain the applicant pending trial, in the present case, where he is incarcerated since 10.07.2018. He is otherwise a respectable man with no criminal history.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the present prosecution is the fall out of a matrimonial dispute between the prosecutrix and the applicant's brother, her husband, where the in-laws have been roped in, on various allegations with the allegation of rape being assigned to the applicant, who is the prosecutrix's brother-in-law (Jeth), the fact that there is no medico legal corroboration of the allegation of rape prima facie, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Dinesh @ Kasturi involved in Case Crime No. 322 of 2018, under Section 498-A, 376, 323, 504, 506, 120-B I.P.C., Police Station daurala, District Meerut be released on bail on executing his 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 :- 21.12.2018 BKM/-