Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41243 of 2018 Applicant :- Vakeel Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Vakeel in connection with Case Crime No. 350 of 2018 under Section 376 IPC P.S. Chhaprauli, District Baghpat.
Heard Sri Arvind Kumar, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA along with Sri Mayank Awasthi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that admittedly marriage between the applicant and the prosecutrix was settled but the same was called off at a belated stage after the date had been fixed for 1st September, 2018, and, the invitations had been sent out. It is submitted that piqued over the said calling off, of the marriage, the brother of the prosecutrix has lodged a patently false first information report implicating the applicant in a baseless case of rape and the prosecutrix has supported in her statement under Section 164 Cr.P.C. However, the learned counsel for the applicant submits that a reading of the statement under Section 164 Cr.P.C. shows that marriage between parties was settled and was later called off which the learned counsel submits is the cause that he has been falsely implicated in the crime out of ill-will and animosity. It is further argued by the learned counsel for the applicant that there is no medico legal evidence whatsoever in support of the allegation of rape, as specifically asserted in paragraph no. 13 of the affidavit.
Learned AGA has opposed the prayer for bail and submits that the statement of the prosecutrix under Section 164 Cr.P.C. is inculpatory. However, he does not dispute the fact that there was a matrimonial alliance between the parties that failed, and, also does not dispute that there is no medico legal evidence in support of the allegation of rape.
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, the relationship between the parties and the background of a marriage that was called of at the last minute 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 Vakeel involved in Case Crime No. 350 of 2018 under Section 376 IPC P.S. Chhaprauli, District Baghpat 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 Deepak