Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25689 of 2021 Applicant :- Omveer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Singh,Jitendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 37 of 2021, under Sections 376, 323 and 506 I.P.C., P.S.Bisalpur, District-Pilibhit and is in jail since 09.03.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by alleged victim in pursuance of the application filed under Section 156(3) Cr.P.C. It was mentioned in the F.I.R. that husband of the complainant had died in the road accident. After the death of her husband she is living in her in-law's house with her two children. On 27.11.2018 in the night the applicant committed rape with her. Later on her in-laws performed her second marriage with the applicant. It was further mentioned in the F.I.R. that on 13.10.2020 the alleged victim was ousted from the house along with her small children and she was pregnant at that time.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case. Alleged victim was wife of the brother of the applicant. Present applicant has made karar (custom of marriage) with the alleged victim and the present applicant and alleged victim were living as husband and wife. He further submitted that there was some dispute for distribution of the property to the children of complainant/victim. Therefore, the false F.I.R. was lodged. The alleged victim has not supported the prosecution version in her statement recorded under Section 164 Cr.P.C.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Omveer Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 Asha