This judgment dealt with Criminal Misc. Bail Application No. 6976 of 2019. The court examined the facts of the charge under Section 376-D IPC and considered the nature of the offence. An order granting bail to the applicant Amar Pal was made.
Released on bail in Case Crime No. 0211 of 2018 subject to furnishing a personal bond and two sureties.
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. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6976 of 2019
Applicant :- Amar Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Dhan Pal Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
A perusal of the record, it reveals that the First Information Report has been lodged on 15.07.2018 at about 7.30 p.m. by the informant, Munshi Lal Gautam for the incident, alleged to have taken place between 18.06.2018 to 30.06.2018. According to the allegations made in the F.I.R., the daughter of the informant had gone to her grand-mother's house on 18.06.2018 and when she got down from the tempo, on the way, finding her alone, the accused-applicant along with the other accused met her and stated that her mother was ill and admitted in the hospital and asked her to accompany them on the motor-cycle. On believing them, his daughter had gone with them on motor-cycle. The first informant made search for her but she could not be traced out.
It has been contended by the learned counsel for the applicant that the victim was recovered after 12 days and the Investigating Officer has recorded her statement under Section 161 Cr.P.C. on the same day. The victim was also sent for medical examination and in the medical examination report it was clearly mentioned that the hymen was old torn and healed up. The statement of the victim under Section 164 Cr.P.C. was recorded on 23.07.2018, in which she has falsely implicated the accused-applicant. It has been further contended that the victim was consenting party with the co-accused Dinesh and they performed marriage. She left her house with the co-accused after recording the statement under Section 164 Cr.P.C. and enjoying her marital life but the present accused has been falsely implicated in the case and is languishing in jail. It is also contended by the learned counsel for the applicant that the charge-sheet has already been submitted against the present accused-applicant and further investigation is still going on against the co-accused Dinesh; that the applicant undertakes
that he will not misuse the liberty of bail; that the applicant is in custody since 02.08.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Amar Pal be released on bail in Case Crime No. 0211 of 2018, under Sections 376-D, 342, 506 I.P.C., P.S. Sahawar, District Kasganj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 2.4.2019 V.S.Singh
2 issues framed by the court
Whether the applicant is fit to be granted bail under the quantum of provisos prescribed in section 376-D of the IPC.
Whether there is sole or joint application and multiple applicants involved in the offence.
Colour shows how this judgement treated each authority
Sections 82 Cr.P.C. or Sections 174A and 229A I.P.C.Applied¶13
5 provisions across 2 enactments
Amar Pal
Ghandikota Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ghandikota Sri Devi
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