Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31414 of 2018 Applicant :- Pastor Deepak Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- A.D. Saunders Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri A.D. Saunders, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 337 of 2018, u/s 323, 504, 506, 376, 420, 498-A IPC and section 3/4 D.P. Act, P.S. Kotwali Nagar, District Mahoba with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he has been falsely robed in this case by the first informant for extraneous reason. As per admitted case of prosecution, the only role of the applicant is that he being Pastor (Priest) of a church had solemnized marriage of the victim with one Phoolchand Issai in the presence of family members of both bride and bridegroom on 8.8.2017 as per the christian rites and customs and procedure. Both bride and bridegroom along with two witnesses each had signed on the marriage register, the witnesses of marriage were mother of bride and bridegroom and one other person. Copy of the register has been annexed as annexure-1 and 2 of the affidavit. It is argued that after the marriage the prosecutrix left with her husband and in-laws for Ludhiyana. However, it appears that there was some adjustment and matrimonial differences between the victim and her husband (co-accused), which went from bad to worse and ultimately Varsha left her in-laws place in February, 2018. In the F.I.R., it is admitted that the victim had stayed for about four months at her in-laws place. Thereafter, her husband told her that no marriage between them has taken place and infact he has purchased her after paying Rs. one lacs to Pastor Deepak Kumar (applicant). It is argued that there is no evidence of any fraud being played by the applicant for any money consideration as alleged by the victim, there is also no evidence of passing any money to the tune of Rs. one lacs by Phoolchand Issai to the applicant. Lastly it is submitted that in any view of the matter there is no allegation of commission of rape on the applicant. The F.I.R. has been registered inter-alia u/s 323, 504, 506, 376, 420, 498-A IPC and section 3/4 D.P. Act. The applicant is in jail since 12.6.2018 having no criminal antecedents to his credit.
Learned A.G.A. has opposed the prayer for bail. However he could not dispute the evidence of solemnization marriage by the applicant in the capacity of priest of the church on record and no offence u/s 376 IPC by any kind of imagination is made out against him.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Pastor Deepak Kumar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2018 Dhirendra/