Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54713 of 2021 Applicant :- Maithilinandan @ Mannu Opposite Party :- State Of U. P. Through Principal Secretary, Home Department Counsel for Applicant :- Swati Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Maithilinandan alias Mannu in connection with Case Crime No.567 of 2021, under Sections 323, 504, 506, 376 I.P.C., Police Station Kareli, district Allahabad.
The first information report of this incident was lodged by the complainant/victim herself against four named persons including the applicant.. It was alleged in the first information report that the present applicant, who happens to be brother-in-law (Devar) of the complainant and other family members. It was also alleged that victim was married with co-accused Tarnikant in a temple on 05.06.2021 and they have performed notary marriage on 11.06.2021, in which co-accused, Kapis Chandra Nishad, the father of the applicant was also present. After the marriage, the victim lived at the house of the co-accused persons. It was also alleged that on 10.07.2021 the applicant was called by the husband of the victim in his room and after leaving the applicant and the victim in the room, husband of the victim went away. The applicant has committed forcible rape with the victim. The applicant and husband of the victim has specifically said that she has to live with both the brothers and when the victim refused to do, she was beaten up by the applicant and his family members and thrown out from the house by the accused persons.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that alleged incident was committed by the applicant on 10.07.2021 and the alleged victim was medically examined on 11.07.2021. He submitted that the doctor has not found any injury on the person of the alleged victim. He submitted that just to create illegal pressure on the entire family to defame their reputation this false FIR has been lodged against the applicant and his family members. He submitted that the applicant is languishing in jail since 22.09.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
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, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, 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 Maithilinandan alias Mannu involved in the aforesaid crime 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.
Order Date :- 24.12.2021 R./ Digitally signed by Justice Ajit Singh Date: 2021.12.25 13:38:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad