Single judge dismissed the stay of bail application by the State in a bail petition filed by Nawab Ali, holding it a fit case for bail despite grave rape allegations in a matrimonial dispute context.
Accused released on bail on executing personal bond and furnishing two sureties under specified conditions.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44393 of 2018
Applicant :- Nawab Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Nawab Ali, in Case Crime No.430 of 2018, under Sections 498-A, 323, 504, 506, 376 IPC, and Section 3/4 Dowry Prohibition Act, Police Station Swar, District Rampur.
Heard Sri Mazhar Ullah, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the dispute giving rise to the present prosecution is one that is matrimonial between the prosecutrix and her husband Zamir Ali, who is the younger brother of the applicant. He points out that the present FIR is essentially relates to a matrimonial dispute is well indicated by the fact that it has been lodged for offence under Sections 498A, 323, 504, 506, 376 IPC, and Section 3/4 Dowry Prohibition Act, where principally there are allegations of matrimonial discord to which an allegation of rape against the applicant, who is a brother-in-law ( Jeth ) has been super added by way of a frill to the prosecution to give it more teeth. It is emphatically argued that ex facie the prosecution and the statements of the prosecutrix in support, under Sections 161 and 164 Cr.P.C., do not inspire
confidence.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the dispute essentially is one that is matrimonial between the prosecutrix and her husband where as an allied allegation, the present charge of rape has been levelled against the applicant, who is a brother-in-law ( Jeth ), but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed .
Let the applicant Nawab Ali , in Case Crime No.430 of 2018, under Sections 498-A, 323, 504, 506, 376 IPC, and Section 3/4 Dowry Prohibition Act, Police Station Swar, District Rampur be released on bail on executing his 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 :- 20.11.2018 NSC
2 issues framed by the court
Whether the bail application of the accused in a matrimonial dispute involving rape allegations should be allowed.
Whether the nature of allegations and severity of punishment warrant bail.
Nawab Ali
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
