Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29601 of 2019
Applicant :- Monu @ Bhupendra And 7 Others
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kr. Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.K. Srivastava, learned counsel for the applicants, Sri S.N. Mishra, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicants that applicant no. 1 is the husband of the complainant of the case whereas other applicants are father-in-law, mother-in-law and other in-laws of the complainant. The marriage between applicant no. 1 and the complainant was solemnized on 10.2.2019 thereafter some matrimonial dispute arose between them on account of which the complainant has falsely implicated the applicants levelling false and frivolous allegations. So far as allegation of rape which has been levelled against applicant no. 2 is concerned, as per the medical examination report of the complainant, no internal or external injury was found on her person. Moreover, the doctor has opined that there is no sign of using of force. They have no criminal antecedents. They may be granted anticipatory bail.
Learned A.G.A. have vehemently opposed the prayer for bail and submitted that though as per the medical examination report of the victim, no internal or external injury was found on her person and the doctor has opined that there is no sign of using of force but the doctor has also stated that possibility of commission of rape cannot be ruled out.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of anticipatory bail to the applicant no. 2 Naresh Singh involved in Case Crime No. 456 of 2019 under sections 498-A, 376, 307, 313, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Medical College, District Meerut.
Accordingly, the anticipatory bail application on behalf applicant no. 2 Naresh Singh is rejected.
However, the applicant no. 2 will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
So far as applicant nos. 1 and 3 to 8, who are husband and other in-laws of the victim are concerned it is directed that in the event of arrest of the applicant nos. 1 and 3 to 8, namely, Monu @ Bhupendra, Smt. Amlesh, Jitendra, Sandeep Kumar, Smt. Pinki, Pradeep Kumar and Smt. Moni involved in the aforesaid case shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on their furnishing personal bonds of Rs. 25,000/- each with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicant nos. 1 and 2 to 8 shall make themselves available for interrogation by a police office as and when required;
(ii) the applicant nos. 1 and 2 to 8 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 office;
(iii) the applicant nos. 1 and 2 to 8 shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant nos. 2 and 3.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant nos. 1 and 2 to 8.
The applicant nos. 1 and 2 to 8 are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 26.7.2019 Shiraz