Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41282 of 2018 Applicant :- Uma Shankar Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Uma Shankar Shukla in connection with Case Crime No.16 of 2017, under Sections 376-D, 120-B, 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Gorakhpur.
Heard Sri B.K.Tripathi, learned counsel for the applicant and Sri H.N.Singh "Sanjay", learned counsel for the complainant and Sri Indrajeet Yadav, learned AGA along with Sri Mayank Awasthi, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the genesis of the prosecution case is that initially there was a matrimonial dispute between the husband and wife; that the prosecutrix is the wife of the applicant; that on account of matrimonial dispute the prosecutrix left her matrimonial home on 23.07.2016; that now in order to settle scores she has implicated the applicant and all the members of the in-laws family, including the mother-in-law, father-in-law, three brother-in-law, sister-in-law, in the present crime, where in order to give teeth the allegation of rape has been added about which there is no basis or tangible evidence whatsoever. It has been specifically averred in paragraph no.12 that there is nothing to be found in the medico legal examination report to support the prosecution case. A perusal of the medico legal report annexed as annexure-7 to the application, shows that no abnormality has been detected in relation to internal genital examination. It is submitted that the applicant is a respectable man with no criminal history, the applicant is in jail since 28.07.2018.
Learned counsel for the complainant and learned AGA bail in one voice have vehemently opposed the prayer for bail. Learned counsel for the complainant submits that two outsiders were allowed to enter into his home by the husband to ravish the prosecutrix. It is however, not disputed either by learned counsel for the complainant or A.G.A., that there is a matrimonial dispute in the background between the parties.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the matrimonial discord, the evidence of dowry under Section 498- A alleged, the tenor of the statement under Section 164 Cr.P.C., 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 Uma Shankar Shukla in connection with Case Crime No.16 of 2017, under Sections 376-D, 120-B, 498- A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Gorakhpur 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 R./