Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41607 of 2018 Applicant :- Kuldeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Kuldeep in connection with Case Crime No. 310 of 2018 under Section 376, 377, 506 IPC, P.S. Brambhpuri, District-Meerut.
Heard Sri Satyam Narayan, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix is a married woman and has lodged an FIR against the applicant alleging rape in order to redeem her marriage. He has, however, invited the attention of the Court the statement of the prosecutrix under Section 164 Cr.P.C. recorded on 01.05.2018 where the prosecutrix has acknowledged in unqualified terms that she was carrying on with the applicant at some point of time. She has kept this fact a secret from her husband, who at one point of time, she revealed that fact to. Thereupon the husband secured a divorce and took away their children also. She has said that she wants to live with Kuldeep, the applicant, and, marry him as well. Learned counsel for the applicant submits that the statement of the prosecutrix is not only exculpatory but completely explains the circumstances under which the FIR came to be lodged consistent with the applicant's innocence.
Learned AGA has opposed the prayer for bail but does not deny the fact that the statement of the prosecutrix under Section 164 Cr.P.C. is exculpatory.
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 statement under Section 164 Cr.PC. that is exculpatory 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 Kuldeep involved in Case Crime No. 310 of 2018 under Section 376, 377, 506 IPC, P.S. Brambhpuri, District-Meerut 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 :- 30.10.2018 Deepak