Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45116 of 2017 Applicant :- Dr. Arsh @ Sakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Tiwari,Anjali Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated due to matrimonial dispute as the applicant had made marriage with prosecutrix on 20.2.2017 and they were living together but relatives of prosecutrix were not pleased with this marriage and used to make quarrel with the prosecutrix and instigate her against applicant; that on 17.4.2017 the prosecutrix was called by her sister Shakila on the pretext of her illness and the applicant dropped her at the house of Shakila on 17.4.2017 under assurance that she will come back after two days; that in F.I.R. dated 26.4.2017 lodged after inordinate delay of two months from the date of alleged incident it has been stated that the prosecutrix is a widow and mother of two children, on 20.2.2017 came to the clinic of applicant for taking medicines of her ailment and the applicant allegedly during check up told her about swelling in intestines and infection, and gave injection due to which she fell unconscious and when she gained consciousness found something wrong has been done to her and the applicant called her after two days and again provided her medicines and injection of intoxication and forcibly committed rape on her; that it was also contended that when the prosecutrix came to know that the applicant being doctor is committing rape on her, she protested upon which she was beaten with kicks and fists and threatened of life of her children and the applicant used to commit rape on her and forcibly kept her in two houses at Karval Nagar Delhi and Pooja Colony, Somvar Bazar, P.S. Tronika City, Ghaziabad and continued to commit rape on her while on 18.4.2017 she managed to escape and told the entire story to her sister; that in her statement under Section 161 Cr.P.C. the prosecutrix has repeated the same version but her statement under Section 164 Cr.P.C. is contradictory to the averments made in F.I.R. and the statement under Section 161 Cr.P.C; that in the statement under Section 164 Cr.P.C. the prosecutrix has stated that on 20.2.2017 she had gone for taking medicines along with her mausi Salma and again her mausi taken her to the clinic of applicant where she was confined for a period of 1 1/2 - 2 months and mausi had full knowledge of the facts, who had provided her the clothes of her sister on the pretext that the prosecutrix was admitted in the hospital; that since the sister and other relatives of the prosecutrix were not happy with the marriage of prosecutrix and applicant so when the prosecutrix went to her sister on 17.4.2017 upon the ill advise of her sister, false F.I.R. has been lodged by the prosecutrix, with concocted, false and incorrect story which is highly improbable; that had any incident of committal of rape been committed with the prosecutrix on 20.2.2017, she would not have returned to his clinic after two days or after 4 - 5 days or at any point thereafter as mentioned in F.I.R. as well as in the statement of prosecutrix; that the applicant did not commit rape on the prosecutrix rather the prosecutrix is his wife and applicant still ready and willing to keep the prosecutrix as his wife; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 22.9.2017.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Dr. Arsh @ Sakir be released on bail in Case Crime No.415 of 2017, under Sections 323, 342, 376(2)N, 328, 506 I.P.C, P.S.
Tronika City, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.11.2017 VS