1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Jony @ Rohit Baliyan and Smt. Maya Devi, seeking anticipatory bail in Case Crime No. 112 of 2011, under Sections - 363, 366, 376 I.P.C., Police Station - Baraut, District - Baghpat, during the pendency of trial.
3. The present application has been opposed by learned AGA by citing facts that against the FIR lodged in the year 2011, chargesheet was submitted long ago and therefore the present application may not be entertained. At the same time, it cannot be overlooked that in the present case, on the date of occurrence itself both parties were of age and that the alleged victim girl had always given statement in favour of the applicants as to her consent. Then, even before the Division Bench of this Court in the year 2011 itself, the alleged victim girl had made a statement falsifying the prosecution allegation. It directly flows from the above that the parties had consented and have been living in matrimony for the last ten years. In view of such facts, the applicants are entitled to anticipatory bail.
4. At present, there are no criminal antecedents of the applicants shown as also no real apprehension has been expressed by the State of the applicants fleeing from justice, if the present application is allowed.
5. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicants are entitled to anticipatory bail in this case, at this stage.
6. In the event of arrest of the applicants - Jony @ Rohit Baliyan and Smt. Maya Devi, involved in the aforesaid case crime, they shall be released on anticipatory bail till conclusion of the trial, on their furnishing a personal bond of Rs. 50,000/- each with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicants shall make themselves available for interrogation by a police officer as and when required.
(ii) The applicants 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
7. Present application stands disposed of.
Order Date :- 5.4.2021 Abhilash