Heard learned counsel for the applicant, Shri Abhishek Tripathi, learned counsel for the informant, learned A.G.A. for the State and perused the material placed on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 722 of 2021, under Sections 498A, 313, 323, 342, 506 IPC and Section 3/4 D.P. Act, P.S. Govind Nagar, District Kanpur Nagar.
Counsel for the applicant argues that the FIR in question was lodged on 19.10.2020 and the incident alleged in the said FIR is of 19.2.2019. He has further drawn my attention to the fact that another FIR being FIR No. 334 was lodged on 15.10.2020 by the informant against the applicant, wherein bald allegations were made. The FIR in question being FIR No. 334 was challenged before the Lucknow Bench of this Court and the matter was referred for mediation as being the dispute between husband and wife. Before the matter could be taken to the mediation, the FIR in question was lodged on 19.10.2020 just after four days of lodging of the FIR No. 334. He argues that in the FIR in question the allegations are of 26.9.2019, on which date it is alleged that the applicant administered pills to the victim, which led to miscarriage. There is no reference to the said averments or with regard to the allegations pertaining to an offence under Section 498A IPC in the earlier FIR No. 334 dated 15.10.2020. The applicant in the present case is in custody since 11.11.2020. The applicant has no criminal antecedents and thus prays that he be enlarged on bail.
Counsel for the informant on the other hand argues that even as per the statement of the doctor, which is on record, it cannot be denied that the birth control pills were administered to the victim, which led to the miscarriage. As regards the FIR No. 334, he argues that the same pertains only to an offence, in which the applicant was found an objectionable position and thus there was no occasion to refer to the allegations as contained in the present FIR. He argues that the investigation is going on and the charge-sheet has not been filed so far. Counsel for the informant denies that the matter was ever referred to mediation.
Without going into the correctness of the fact that whether the matter was referred to the mediation or not in the present application and considering the entire facts as narrated above, prima facie it appears to be a marital discord in between the husband and wife and there is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.
Let the applicant Navneet Tiwari involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Counsel for the parties agree that the parties want to resolve their dispute amicably, if possible.
In view of the submissions made at the bar by both the counsels, the matter is referred for mediation. The parties shall appear before the Mediation Center, High Court, Allahabad on 24.2.2020. The mediation forum shall take all steps for settlement of the dispute amicably, if possible.
The application is disposed off.
Order Date :- 28.1.2021 S. Rahman