Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36149 of 2018 Applicant :- Sabir Ali @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard Sri Prabhakar Dubey, learned counsel for the applicant and J.B. Singh, learned AGA along with Sri Rohit Pandey, appearing on behalf of State.
This is a bail application on behalf of the applicant Sabir Ali @ Chhotu in connection with Case Crime No.2158 of 2017, under Sections 190, 313, 323, 504, 506 and 376 IPC, P.S. Kotwali Bansi, District Siddharth Nagar.
The submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant married the prosecutrix after a divorce with her first husband, through a Nikahnama dated 05.04.2017, a copy of which is annexed as Annexure 8 to the affidavit in support of the present application. It is submitted that after this marriage, the parties started residing together. It is argued that the prosecutrix has moved to falsely implicate the applicant giving rise to the present crime on account of the fact that she has demanded a sum of rupees one lac from the applicant to get their marriage registered. It is also argued that the prosecutrix had also tortured and pressurized her first husband to divorce her, so that she could marry the applicant, and, has later on made it a basis for extortion. It is submitted that there is absolutely no angle of rape involved in the offence, and, the statement of the prosecutrix under section 164 Cr.P.C., is completely out of context in the relationship of matrimony between parties, after the prosecutrix was divorced by her first husband. Learned counsel for the applicant submits that looking to the aforesaid facts, no case is made out against the applicant and he is entitled to bail.
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, looking into the background of parties, the apparent case of a second marriage between the applicant and the prosecutrix after a divorce by her first husband, 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 Sabir Ali @ Chhotu involved in Case Crime No.2158 of 2017, under Sections 190, 313, 323, 504, 506, and 376 IPC, P.S. Kotwali Bansi, District Siddharth Nagar 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 Neeraj