Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45600 of 2018 Applicant :- Jamal Nasir Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Jamal Nasir in Case Crime No.1400 of 2018, under Sections 498A, 323, 354, 376, 377, 504, 506 IPC, and Section 3/4 POCSO Act, Police Station, Lisadi Gate, District Meerut.
Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Rajkumar Yadav, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the present FIR relates to an occurrence dated 26.2.2018, besides giving a spread out time period of the occurrence from 4.2.2018 to 15.5.2018, but the FIR has been lodged after a delay of six months, on 1.9.2018. It is submitted that the prosecution, in substance, is a matrimonial dispute between the prosecutrix and her husband Shakeel Ahmad, who is the applicant's younger brother. The present crime has been registered by the prosecutrix against the entire family of her husband Shakeel Ahmad under Section 498-A, 323, 313, 354, 376, 377, 307, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, where different offences, due to her turbulent marriage to the applicant's younger brother, have been assigned to the various of her in-laws. It is submitted that the allegation of rape has been levelled against the applicant, who is a brother-in-law to the prosecutrix (Jeth), that has absolutely no truth to it, except the fact that she and her husband are into the thick of a matrimonial dispute. It is submitted that the allegations as regards rape in the FIR, the statement under Sections 161 and 164 Cr.P.C., are all baseless and ill-founded that have been made in order to give teeth to the prosecution, which otherwise primarily is a case of cruelty under Section 498-A IPC, against all her in-laws. Learned counsel submits that there is no medico legal evidence to support the allegation of rape, where the provisional opinion of the doctor is that "there is no signs (Sic) of use of force. Sexual violence cannot be ruled out". It is submitted that in the background of the aforesaid facts and circumstances, the prosecution case against the applicant is not at all tenable.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the prosecution has been launched in the background of a matrimonial dispute between the prosecutrix and her husband, in fact, as part of it, only to give more teeth to the case which involves the entire family of the husband including the applicant, in relation to different offences charged, 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 Jamal Nasir in Case Crime No.1400 of 2018, under Sections 498A, 323, 354, 376, 377, 504, 506 IPC, and Section 3/4 POCSO Act, Police Station, Lisadi Gate, 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 :- 30.11.2018 NSC