Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41587 of 2018 Applicant :- Rajpal Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailesh Kumar Mishra,Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Sachida Nand Tiwari, Advocate has filed his appearance, which is taken on record.
This is a bail application on behalf of the applicant Rajpal Pandey in connection with Case Crime No. 500 of 2017 under Sections 498-A, 323, 504, 506, 376, 494 IPC and Section 3/4 Dowry Prohibition Act, P.S. Koraon, District Allahabad.
Heard Sri Sharique Ahmed, learned counsel for the applicant, Sri Sachida Nand Tiwari, 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 the dispute giving rise to the present prosecution is essentially a matrimonial dispute between the prosecutrix, on one hand her husband and in-laws on the other. It is argued that the FIR also is one under Section 498A IPC, amongst others, that includes an allegation of rape punishable under Section 376 IPC. He submits that the parties have been married for eight years, and, they are blessed with a son, now aged about six years. It is further submitted that in order to ensure that the husband and in-laws land in jail, an allegation of ill-found nature dating to the year 2011 about rape being committed by the father-in-law, the applicant has been tucked in, in her statement under Section 164 Cr.PC. by the prosecutrix made before the Magistrate which does not have a grain of truth to it.
Sri Sachida Nand Tiwari, learned counsel appearing on behalf of the complainant has vehemently opposed the plea for bail. He submits that it is a case where the prosecutrix has been ill treated in the matrimonial family soon after her marriage, and, she was ravished by her father-in-law a year after marriage. It is urged that her complaint to the husband led her to be thrown out from her matrimonial home, and, she spent all her time in her parents place. It is additionally argued by the learned counsel for the complainant that in the present application, the allegation of rape is specific to the applicant who is the father- in-law.
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 dispute between the wife on one hand and the husband and in-laws on the other, which appears to be essentially a matrimonial discord 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 Rajpal Pandey involved in Case Crime No. 500 of 2017 under Sections 498-A, 323, 504, 506, 376, 494 IPC and Section 3/4 Dowry Prohibition Act, P.S. Koraon District Allahabad 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 :- 30.10.2018 Deepak