Allowed

Babu Singh v. State of U.P.

Allahabad HC19 Apr 2018BAIL/12839/2018

Case brief

AI extract

What is this about?

Application for bail under CrIML Misc. No. 12839 of 2018. The court considered allegations of dowry death, cruelty, and sexual assault against the applicant. Bail was allowed by imposing strict conditions to ensure trial attendance and prevent abuse of process.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions for trial attendance and no abuse of bail.

Babu Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2018)

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Court No. - 54

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12839 of 2018

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Applicant :- Babu Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Mahesh Chand,Dushyant Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Supplementary affidavit filed by the applicant, Vakalatnama filed by Sri Sanjay Kumar Dubey, Advocate on behalf of the complainant today, are taken on record.

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Heard Sri MC Singh and Sri Dushyant Singh, learned counsel for the applicant, complainant, learned AGA and perused the record.

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The victim herself is the informant of the case, who lodged the FIR under sections 498-A, 354B, 323, 504, 494, 376 IPC and 3/4 of the Dowry Prohibition Act on 08.09.2017 against seven named persons, including the present applicant Babu Singh, aged about 55 years and happens to be father-in-law of the informant. Besides, allegation of demand of dowry in the FIR, the allegations of trying to outrage her modesty, misbehaving and disrobing have also been levelled against the applicant by the daughter-in-law.

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It is submitted by the learned counsel for the applicant that all the aforesaid allegations have been exaggerated and fabricated with

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the angle to give a serious colour by the prosecution as in the statement recorded under section 161 Cr.P.C., the prosecutrix herself has made a candid statement that she was subject matter of misbehaviour and teasing. The applicant is in jail since 06.01.2018, having no criminal antecedents to his credit.

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Learned counsel for the complainant pointed out that there are certain injuries over the person of the prosecutrix.

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This Court has gone through the medical report wherein injuries have been reported to be simple in nature and no boney injury was found on the person of the victim.

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Learned counsel for the applicant further submitted that in the statement of the prosecutrix, recorded after two and a half months of the alleged incident, under section 164 Cr.P.C., the allegations of trying to outrage her modesty and misbehaviour by the applicant were swelled by the prosecutrix and deliberately stretched upto the extent of commission of rape by the applicant only for the reason that the applicant has married his son with another girl for the second time and infuriated by his this act, in order to teach him a bitter lesson, the alleged victim has lodged the instant painted FIR against the applicant, therefore, the present FIR is nothing but arm twisting methodology of the informant.

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Learned AGA and learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant Babu Singh, involved in Case Crime No. 639 of 2017, under sections 498-A, 354-B, 323, 504, 494, 376 IPC and 3/4 of the Dowry Prohibition Act, P.S. Sikandra Rau, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82

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CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court. Order Date :- 19.4.2018

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shailesh

Babu Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babu Singh v. State of U.P.

Case brief

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What did the court decide?

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