Single judge allowed bail in a criminal case u/s 376 IPC, citing family relationship and alleged false implication due to enmity, subject to standard conditions.
Released on bail by personal bond and two sureties subject to conditions not to tamper with evidence or pressurize witnesses and to appear in court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30197 of 2018
Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pankaj Bharti, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.24 of 2018, under Sections 376, 511, 323, 506 IPC, Police Station Phugana, District Muzaffar Nagar, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely in this case on account of enmity. It is stated that the applicant and the victim belongs to the same family and she is Aunt (Chachi) of the applicant. The applicant's sister had lodged the first information report against the husband of victim and his sons regarding an incident which took place on 12.11.2017 and its first information report was also registered under Sections 323, 504, 506, 325 IPC, police station Phugana district Muzaffar Nagar. He further argued that the first information report in the present case of alleged attempt to outrage modesty of prosecutrix was lodged by his uncle Devi Chandra on 13.4.2018 at 1.15 P.M. regarding the incident of 12.4.2018 at 3.30 P.M. He submitted that a peculiar circumstance of the present case that the victim committed suicide by hanging and on the information given to the Police the inquest was conducted on 3.4.2018 in the morning and its first information report was lodged by her brother on 13.4.2018 at 3.01 P.M. However, the fact of committing suicide by the victim is conspicuously missing in the first information report lodged against the applicant in the present case registered under Sections 376, 511, 323, 506 IPC. Learned counsel submits that the deceased had also left suicide note in which she has stated about enmity between the parties which prompted her to commit suicide and the suicide was not on account of the alleged molestation by the applicant a day prior to her death.
Per contra, learned AGA vehemently opposed the bail, however, he could not dispute that the applicant and the first informant in the present case belongs to the same family and there was enmity between them.
Without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Pradeep Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 16.8.2018
Hasnain
2 issues framed by the court
Whether the applicant is entitled to release on bail in an IPC 376 case involving alleged false implication due to family enmity.
Whether the circumstances necessitate denying bail to the accused.
Pradeep Kumar
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
