Court granted bail to applicants Rashid and Akram, accused in a case alleging rape and matrimonial cruelty, viewing it as a fit case for discharge despite serious charges and prosecution opposition.
Applicants released on bail by furnishing personal bond and two reliable sureties.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27854 of 2019
Applicant :- Rashid And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
This bail application has been moved by the applicants who are involved in Case Crime No. 244 of 2018, under Sections 376D, 498-A, 342, 323, 504, 506 I.P.C., Police Station-Mirzapur, District-Saharanpur.
As per prosecution version, prosecuterix was married with Shahid, brother of the applicants on 30.11.2017. Applicants and their family members were harassing and assaulting the prosecuterix at several time. She was forced to leave her matrimonial home. On 20.01.2018 at about 08:00 pm applicants and co-accused Aadil administered some medicine to the prosecuterix due to which she became unconscious and committed rape on her.
Learned counsel for the applicants contended that Shahid, husband of the prosecuterix had filed a suit of Conjugal Right, under section 9 of the Hindi Marriage Act. In the revenge prosecuterix has lodged this F.I.R. only to harass the applicants and other co-accused due to matrimonial dispute. F.I.R. was lodged on the basis of information of prosecuterix to the Senior Superintendent of Police. Medical report does not support the prosecution version of rape on the prosecuterix. Applicants are real brother and co-accused Aadil is brother-in-law (Bahnoi) of the applicants. It is not natural for three persons from same family members to commit rape on the prosecuterix. Applicants are languishing in jail since 20.05.2019 having no criminal antecedent.
Learned A.G.A., has opposed the prayer for bail application and submitted that prosecuterix in her statement under section 164 Cr.P.C. and 161 Cr.P.C. supported the prosecution version.
In the F.I.R. it is mentioned that the family members and the
husband of the prosecuterix were threatening and assaulting the prosecuterix. She was also forced to leave her matrimonial home.
Without commenting any opinion on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail.
Let the applicants- Rashid and Akram , be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 15.7.2019 Swati
3 issues framed by the court
Whether the accused is entitled to bail in a case involving allegations of rape and harassment under IPC 376D, 498-A.
Whether the totality of circumstances constitute a fit case for granting bail.
Whether the applicants have a forward criminal record to preclude bail.
Rashid
Akram
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
