Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8144 of 2019 Applicant :- Sachin Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Chetan Chatterjee Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Shri Chetan Chatterjee, learned counsel for the applicant, Shri Jitendra Kumar Shishodia, learned counsel for the complainant and Shri D.P.S. Chauhan, learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed by the applicant, Sachin with a prayer to enlarge him on bail in F.I.R. No. 0759 of 2019, under Sections 366, 323, 504, 506, 328, 376 IPC and P.S. Sadar Bazar, district Saharanpur.
It is submitted by the learned counsel for the applicant that the marriage of the applicant with the victim was solemnized on 17.10.2018 and the same was registered on 7.12.2018 on the application moved by the applicant. As some differences arose between the two, due to which, the present FIR has been lodged with false allegations and also the allegation of rape against entire family of the applicant. In her statement under Section 161 Cr.P.C. the victim has accepted the marriage. However, there was improvement in her statement under Section 164 Cr.P.C. regarding accusation of pressure for marrying the applicant. From the photographs it appears that the victim had never objected to this marriage with the applicant. It is also alleged that although in the medical examination report of the victim, there were injuries on the person of the victim and spermatozoa was also found, but it cannot be said that the same was the result of the incident in question. The applicant is in jail since 24.12.2018.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
1. The applicant shall deposit a sum of Rs. 50,000/- within 15 days after his release in the name of the victim in a nationalized bank in fix deposit.
2. . The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira