Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41212 of 2018 Applicant :- Mohd. Rijwan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Mohd. Rijwan in connection with Case Crime No. 54 of 2018 under Section 498A, 323, 376, 377 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mahilathana, District Rampur.
Heard Sri R.K. Mishra, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the dispute primarily is matrimonial in nature, and, the present prosecution also is essentially under Section 498A IPC to which allegation of rape has been added in order to bolster inviting the offences that carry more than seven years of sentence so as to secure the arrest of the applicant and the other co-accused who are in-laws of the prosecutrix. It is pointed out that the present applicant is the prosecutrix's husband. It is submitted that the marriage between parties was solemnized seven years ago and they have two children but the prosecutrix on account of a matrimonial discord has brought the present prosecution on an absurd allegation involving the family members of her in-laws, including her husband. It is submitted that it is in that context that the statement of the prosecutrix under Section 164 is to be seen which, in the submission of learned counsel for the applicant, does not make out a case.
Learned AGA has opposed the prayer for bail but does not deny the fact that the dispute is essentially matrimonial in nature, and, the applicant is husband of the prosecutrix.
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 fact is that the background of the case is a matrimonial discord 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 Mohd. Rijwan involved in Case Crime No.
54 of 2018 under Section 498A, 323, 376, 377 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mahilathana, District Rampur 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 :- 29.10.2018 Deepak