Heard Sri Rakesh Pathak, learned counsel for the applicant, learned A.G.A. for the State, Sri Ajeet Mani Tripathi, learned counsel for the informant and perused the material on record.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in this case. Informant is legally wedded wife of the applicant. Informant is major and on her own will solemnized marriage with the applicant. The marriage was registered at Arya Samaj Krishna Nagar, Prayagraj (Allahabad) on 18.01.2018. Marriagewas solemnized against the wishes of parents of informant and under their pressure informant has lodged first information report against the applicant and his sister, registered as Case Crime No.8 of 2018, under Sections 366, 376 & 506 I.P.C., Police Station- Bhatni, District Deoria. The applicant and his sister has challenged F.I.R. by filing Criminal Misc. Writ Petition No.6607 of 2018 and this Court vide order dated 19.03.2018 was pleased to stay the arrest of the applicant. Thereafter, the applicant has filed petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act in the court of Family Judge, Deoria, which is still pending. The Investigating Officer in a routine manner has submitted the charge-sheet in Case Crime No.8 of 2018, which was again challenged by the applicant by filing Application U/S 482 No.5919 of 2019 and this Court was pleased to grant protection to the applicant vide order dated 07.03.2019. It is further submitted that under the pressure of parents, the informant has again lodged present first information report, registered as Case Crime No.0120 of 2018 on the basis of cooked up story. The applicant has not committed any offence as alleged in the first information report. It is further submitted that it is a matrimonial dispute between applicant and informant. The applicant is still pursuing his petition under Section 9 of the Hindu Marriage Act and he is ready and willing to keep informant as his wife. Applicant has no criminal history. It is further submitted that there is no chance of him fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 08.11.2020 and if released on bail, will not misuse the liberty of bail.
On the other hand, learned AGA for the State as well as learned counsel for the informant vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the 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. The bail application is allowed.
Let applicant- Gyanendra Pandey Alias Golu be released on bail in Case Crime No.120 of 2018, under Sections 419, 420, 468, 471 I.P.C. and 67 of Information Technology Act, Police Station- Bhatni, District Deoria on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the 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 :- 12.2.2021 Radhika