Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4388 of 2019 Applicant :- Man Singh @ Bhure Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Yadav,Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that initially the F.I.R of the alleged incident was lodged under section 354 and 506 I.P.C. by the victim herself. In the F.I.R. as well as in her statement recorded under section 161 Cr.P.C. the victim has not made any allegation of rape against the applicant. Thereafter in her statement recorded under section 164 Cr.P.C. the victim has made false allegation of rape against the applicant under the pressure of her brother. The victim is a major lady aged about 28 years. In fact, the applicant was earlier married with Mamta d/o Jageshwar. With the mutual consent of both the parties resolved their marriage in the presence of the witnesses on 5.10.2016. After mutual separation from the earlier wife the applicant solemnized his marriage with the victim Mamata on 9.10.2017. The marriage deed was also executed in between the victim and the applicant, a copy whereof has been filed as annexure-8 to this application. The applicant and the victim were living as husband and wife. The applicant has moved an application under section 156(3) Cr.P.C. against the brother of the victim namely Baidya Gautam Verma on 4.10.2018 in respect of death of his first wife Mamata which was treated as a complaint due to which the victim has lodged this false and frivolous F.I.R. against the applicant making false allegation. In fact the applicant has not committed the alleged offence. False story has been concocted by the victim. No offence is made out against the applicant. The applicant is in jail since 11.11.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Man Singh @ Bhure involved in Case Crime No. 417 of 2018, under Section 354, 506, 376 IPC police Station Sumerpur District Hamirpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.1.2019 Gss