Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57105 of 2019 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Premshankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that it is a case of false implication. It has been stated that from the statement of the victim under Section 164 Cr.P.C. it appears that the sister of the applicant has been married to the brother of the victim, namely, Neeraj. It has been submitted that after lodging of the present FIR the victim has also married the applicant in Arya Samaj Mandir and the certificate of marriage dated 10.12.2017 has been brought on record as Annexure 6 to the affidavit along with photographs of the marriage of the applicant with the victim. It has been submitted that initially the dispute took place between the parties regarding marriage and therefore FIR was lodged by the mother of the victim but now there is no dispute between them. The applicant is in jail since 02.09.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Rahul, be released on bail in Case Crime No.
112 of 2016, under Sections- 376, 294, 506, 354 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- George Town, District- Prayagraj/Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 Rohit