Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35981 of 2018 Applicant :- Sumant Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Kumar,Gaurav Kumar Shukla,Rajrshi Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dileep Kumar, Sri Gaurav Kumar Shukla, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 233 of 2018, u/s 376, 342, 504 IPC, P.S. Lalganj, District Basti with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that admittedly the prosecutrix is a married lady aged about 37 years and a mother of male child aged about 11 years. Infact her relation with her husband were not cordial and the prosecutrix had instituted divorce suit before the Principal Judge, Family Court, Basti on 7.8.2018 whose true copy has been annexed as annexure-5 to the affidavit. It is argued that as there were matrimonial differences between the victim and her husband, relation between the applicant and the victim developed and she had remained in the company of the applicant for about seven days but she did not raise any alarm or objected towards any unto-words move allegedly made by the applicant and from the F.I.R. and the statement of the victim it appears that she was a consenting party. According to prosecution, the victim was abducted by the applicant on 7.8.2018 and she came back on 13.8.2018, however, no F.I.R. was lodged at the police station by her husband or any of her family members. Infact when she came back after seven days, thereafter the prosecutrix settled her terms with her husband and in order to save honour and prestige of the family she lodged false F.I.R. against the applicant. He further pointed out that F.I.R. was lodged by the victim herself after seven days of her alleged abduction by the applicant. It is further submitted that the version setup by the victim, who is grown up mature lady regarding alleged abduction and rape is palpably false. The applicant is in jail since 19.8.2018 having no criminal antecedent to his credit.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sumant Verma involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 Dhirendra/