Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38291 of 2019 Applicant :- Nem Singh And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Nem Singh, Hakim Singh, Sonashri and Ramakant for grant of anticipatory bail during the course of investigation in Case Crime No. 346 of 2019, under Sections 147, 312, 323, 376, 504, 506 I.P.C., Police Station Fafund, District Auraiya.
Learned counsel for applicants argued that each of applicants were on anticipatory bail in the first instance granted by Sessions Judge, Auraiya, which was subsequently rejected on merit. Whereas accusation of rape or getting abortion punishable u/s 376 and 312 I.P.C. is not against them. It was against co-accused Amarchand, as has been stated by the victim in her statement recorded u/s 164 Cr.P.C. The mere allegation against applicants that when victim went to persuade marriage with Amarchand, his family members protested for marriage. They threatened and abused her with extension of dire consequences and they assaulted her with hands and fists i.e. a false allegation with a view to create pressure against the applicants. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that considering the allegations against the applicants, the learned Sessions Judge has rejected the anticipatory bail on merit.
Having heard learned counsel for both sides and gone through the rival contentions made by them, as well as the impugned rejection and the F.I.R., it is apparent that the prosecutrix lived in the company of co-accused Amarchand for seven years and it was a live in relationship. Subsequently this report was got lodged. Offence of rape or abortion punishable under sections 376, 312 I.P.C. is against Amarchand, who is not applicant in this application. For rest of accused, who are applicants in this application, the accusation against them is permitting for grant of anticipatory bail.
The application is allowed accordingly.
In the event of arrest of the applicants, Nem Singh, Hakim Singh, Sonashri and Ramakant involved in above mentioned case crime, they 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 each furnishing a personal bond of Rs. 20,000/- 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 applicants shall make themselves available for interrogation by a police office as and when required;
(ii) the applicants 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 them from disclosing such facts to the Court or to any police office;
(iii) the applicants 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 applicants.
The applicants 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 Pcl