In a bail application under Section 376 IPC and the Dowry Prohibition Act, the court found it a fit case for bail. The applicant was sentenced for refusing to marry due to dowry demands. The court allowed bail on personal bond and sureties.
Release of applicant on personal bond and two reliable sureties of like amount.
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. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6340 of 2019 Applicant :- Amit Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vijendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed by learned A.G.A. and rejoinder affidavit filed by learned counsel for the applicant, are taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 317 of 2018, under Sections 376 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Pipraich, District-Gorakhpur.
As per version of first information report, marriage of the prosecutrix was fixed with the applicant on 08.02.2019. Applicant has made sexual relation with the prosecutrix for several times as the marriage was fixed with her. Later on, due to demand of dowry he has refused to marry with the prosecutrix.
Learned counsel for the applicant contended that prosecutrix is major. As per school certificate her date of birth is 10.10.1998. As per medical report, she is aged about 23 years. Medical report does not support the prosecution version of rape on the prosecutrix. Prosecutrix was in love and affair with another boy. Accordingly, the applicant has refused to marry with the prosecutrix. After that prosecutrix has lodged this first information report with false allegation. Applicant is languishing in jail since 18.12.2018 having no criminal antecedents.
Learned A.G.A., has opposed the prayer for bail.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Amit Singh, 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.
Application stands allowed.
Order Date :- 9.7.2019/AKT
1 issue framed by the court
Whether the applicant is eligible for bail in a case involving Sections 376 IPC and the Dowry Prohibition Act.
Amit Singh
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
