Court No. - 14
Case :- CRIMINAL APPEAL No. - 3164 of 2018 Appellant :- Salman Respondent :- State Of U.P. And Another Counsel for Appellant :- Sarvesh Counsel for Respondent :- G.A.,Sharique Ahmed
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Sarvesh, learned counsel for the appellant and Sri Jagadamba Prasad Singh, learned A.G.A. and Sri Sailesh Mishra, Advocate holding brief of Sri Sharique Ahmed, learned counsel for opposite party no.2.
This appeal is preferred against the order dated 29.05.2018 passed on bail application no. 1211 of 2018 (Salman vs. State of U.P.) in Crime No. 81 of 2018 under section 498-A, 376, 506 IPC and Section 3(2) SC/ST Act, Police Station Babupurwa, District Kanpur Nagar by which the bail application of the appellant Salman is cancelled.
In nutshell the prosecution case is that Jeetu lodged the FIR on 09.04.2018 with these facts that on 05.04.2018 when he woke up at 08:00 am then he saw that his wife Pooja was not present in the house and his 10 months old daughter was lying on the bed all alone when he went to the door of the house then found that it was bolt from outside when he made noise then his neighbours open the door from out side. He came to know from some people that Salman who has having the Grocery shop near his house have enticed away some innocent women in the past as well and he has doubt that Salman has enticed away his wife. The shop of the Salman is closed since morning and his wife is missing. In her statement under section 164 Cr.P.C. prosecutrix Pooja stated that on 05.04.2018 at 05:00 am somebody knocked the door of her house when she open the door then she found that Salman is standing outside of the door of her house. Salman pushed her inside the house and bolted the door Salman threatened her to go with him. All persons in the house were sleeping and auto Rickshaw was parked in front of her house. Salman took her to the railway station by auto rickshaw and from railway station he took her to Delhi and kept her for one night there and forcibly made the physical relation with her. On 07.04.2018 he brought her back to Kanpur here also he kept her for one night and forcibly made the physical relation. After that Salman took her to Jhakarkatti bus stand and he was willing to take her to Bombay from there in meanwhile police reached there and Salman ran away.
Learned counsel for the appellant submitted that appellant Salman never took her anywhere, he is falsely implicated in this case. Even if the prosecution case is admitted that prosecutrix Pooja was major as per the medical report she was 21 years old married women having three children it is not the prosecution case that Salman was having any weapon when he came to prosecutrix's house or threatened prosecutrix to go with him on the point of any weapon. For one person who has no weapon in his hand is not possible to take away a woman without her consent with him. Appellant has also filed the love letter written by prosecutrix to accused Salman. This letter is written to Sahil but the affidavit filed by the appellant has made it clear that Sahil is the nick name of Salman. It is also worth mention that Pooja is not recovered by the police from the possession of the appellant.
Considering these fact, in my opinion it is a fit case for bail. Hence Appeal deserves to be allowed.
Appeal is allowed and order dated 29.05.2018 is quashed.
Let appellant Salman involved in aforesaid case be released on bail on furnishing a personal bond of Rs. 1,00,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Appeal is disposed of accordingly.
Order Date :- 30.11.2018/Swati