Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30319 of 2018 Applicant :- Rinkal Upadhyay Opposite Party :- State Of U.P.
Counsel for Applicant :- Pulak Ganguly,Anjani Kumar Counsel for Opposite Party :- G.A.,Akash Deep Srivastava,Parvez Alam
Hon'ble Rajul Bhargava,J.
Heard Sri Pulak Ganguly and Sri Anjani Kumar, learned counsels for the applicant, Sri Akash Deep Srivastava and Sri Parvez Alam, learned counsels for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Rinkal Upadhyay in Case Crime No.337 of 2018, under Sections 376, 354-B, 323, 504 and 506 I.P.C., Police Station Shivpur, District-Varanasi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the prosecutrix is aged about 23 years. According to the F.I.R. lodged by the victim herself it is alleged that she used to visit beauty parlour where she met the applicant who also used to visit the said parlour along with his sister. She developed sweet relations with the applicant and the applicant on the pretext of marrying her established physical relations with her. When she became pregnant and insisted for marriage, the applicant and his family members refused for marriage. Learned counsel for the applicant states that in fact when the applicant came to know that the prosecutrix is already a divorcee and she has not spoken the truth, the marriage could not take place. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 17.07.2018, having no criminal history to his credit, deserves to be released on bail.
Learned A.G.A. for the State and learned counsel for the informant have vehemently opposed the bail application and submitted that the applicant is a habitual offender and in the past also an F.I.R. under Section 354 I.P.C. has been lodged against the applicant. Learned counsel for the applicant has stated that in fact the said F.I.R. was lodged by the father-in-law of the applicant's sister whose relations with her husband and in-laws were not cordial.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Rinkal Upadhyay be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 21.8.2018 MN/-