1. Heard Shri Avdhesh Shukla, learned counsel for the applicant learned A.G.A. for the State-respondent and perused the record.
2. The instant application has been moved by the applicant seeking anticipatory bail in Case Crime No. 359 of 2020, under Sections 366, 376, 385, 120-B I.P.C., relating to Police Station - Kotwali Nagar, District - Ayodhya.
3. This Court vide its detailed order dated 06.08.2020, had granted interim protection from arrest to the applicant.
4. Counter and rejoinder affidavits have been exchanged and the case is being finally heard and decided.
6. It has been submitted by the learned counsel for the applicant that the applicant is the grand father (Nana) of the main accused namely Aman Dwivedi, aged about 70 years. Learned counsel for applicant has contended that the applicant has been falsely implicated in this case. The prosecutrix is 19 years of age. There is no injury suggesting forcible sexual assault in the medical report. There are material contradictions in the statements made by the prosecutrix under Sections 161 and 164 CrPC. The statement made by the prosecutrix under Section 164 CrPC does not inspire confidence. On the contrary, the counsel contends, that the prosecutrix and the main accused Aman Dwivedi were in relationship for about two years; that the prosecutrix went with Aman Dwivedi on her own and married him in Arya Samaj Mandir, near Chander Nagar, Kanpur on 22.05.2020. Photographs of the wedding and the marriage certificate have been annexed alongwith the bail application. The counsel for the applicant contends that the statements under Sections 161 and 164 CrPC were given by the prosecutrix under pressure from her parents, who, it is alleged, were against her marriage with Aman Dwivedi. The prosecutrix is an educated lady. She is pursuing her B.Com from Delhi University and is also preparing for Chartered Accountancy examination. Learned counsel for the applicant has lastly submitted that he applicant has no criminal history and also that the main accused of this case namely Aman Dwivedi has been enlarged on bail by this Court by means of order dated 10.12.2020, passed in Bail No. 6815 of 2020. The charge sheet in the matter has been already been submitted and there is no possibility of the applicant fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
7. Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
9. The Court has considered the rival submissions and looking into the circumstances as well as annexures which have been annexed with the application for anticipatory bail as well as counter and rejoinder affidavits, this Court finds it a fit case to allow the present anticipatory bail application.
10.The anticipatory bail application is allowed.
11. This Court directs that in the event of arrest, the accused-applicant Mahesh Chandra Dwivedi, involved in Case Crime No. 359 of 2020, under Sections 366, 376, 385, 120-B I.P.C., relating to Police Station - Kotwali Nagar, District - Ayodhya, shall be released forthwith on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii). That the accused-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 him from disclosing such facts to the court or to any police officer; and
(iii). That the accused-applicant shall not leave India without the previous permission of the Court.
12.The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
13.In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
Order Date :- 27.1.2021 A. Verma (Alok Mathur, J.)