Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15541 of 2018 Applicant :- Iltaf @ Gunga Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Chaturvedi,Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Iltaf @ Gunga in connection with Case Crime No. 1441 of 2017 under Section 376, 506 IPC, P.S. Jogiya Udaipur, District Siddharth Nagar.
Heard Sri Prabhakar Dubey, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Ashutosh Srivastava, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that the applicant and the prosecutrix were married on 01.04.2017. The applicant is dumb. It appears that lateron the prosecutrix found the marriage that was settled for her with a dumb man to be extremely unpalatable on account of which in order to rid herself of the marital bond, she implicated the entire family of his in the present crime on allegation of rape by her husband, where the father-in-law was credited with a role of capturing the ravishment on Camera. It is submitted that the allegation goes that she was confined to a room on 01.04.2017 and ravished as above detailed. It is submitted that in the statement under Section 164 Cr.P.C., the prosecutrix has come with a wild and absurd allegation in consequence of all of which in a compromise, divorce has come about between the parties, which was the real purpose after all. There is no truth ex facie to the prosecution case. It is further submitted that co-accused Akbal and Zuber where Akbal is the father-in-law and Zuber is a brother-in-law (Devar) have been admitted to the concession of bail vide Criminal Misc. Bail Application No. 14646 of 2018.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that the applicant was married to the prosecutrix, the fact that the applicant is dumb, and that the allegation appears to be rather incredible, and, the intention was to rid the prosecutrix of her marital bond, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Iltaf @ Gunga involved in Case Crime No. 1441 of 2017 under Section 376, 506 IPC, P.S. Jogiya Udaipur, District Siddharth Nagar be released on bail on executing a 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 :- 30.11.2018 Deepak