Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41168 of 2018 Applicant :- Paramveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Paramveer in connection with Case Crime No. 290 of 2018 under Section 366, 376, 120-B & 506 IPC, P.S. Allau, District Mainpuri.
Heard Sri Atul Kumar Shai, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that an FIR was lodged alleging an offence of rape by the brother of the prosecutrix whereas it is a case where the applicant and the prosecutrix were into a relationship, and, have fallen in love. It is argued that the proposal was not acceptable to the family members of the prosecutrix on account of which the brother proceeded to lodge a first information report giving rise to the present crime. It is specifically asserted in paragraph no. 12 of the affidavit that the prosecutrix was made to support the first information version, and, in the statement recorded under Section 164 Cr.P.C. before the Magistrate on 25.08.2018 under the threat of her parents. The entire prosecution case has been condemned, as bogus in the affidavit in support of the present application, which most significantly, is filed by the prosecutrix herself. Learned counsel for the applicant has also drawn the attention of the Court to the fact that the parties have married on 06.08.2018 according to Hindu rites as would evident from a certificate of marriage of that date annexed as annexure no. 2 to the affidavit. The said marriage has also been registered under the U.P. Marriage Registration Rules before the Marriage Registration Officer, Ghaziabad also on 06.08.2018, a copy of which is annexed at page no. 20 of the paper book. It has also been noticed that there is no quarrel over the issue that the prosecutrix is a major aged about 25 years.
Learned AGA has opposed the prayer for bail.
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 that the parties appear to have in a relationship who have since married where the prosecution appears to be the result of dissenting family members, and, also considering the fact that the prosecutrix is apparently a major, 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 Paramveer involved in Case Crime No. 290 of 2018 under Section 366, 376, 120-B & 506 IPC, P.S. Allau, District Mainpuri 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