In a bail application under Section 376 IPC, the court noted allegations of restitution of嫁妆 and false complaint after marriage refusal. After weighing factors without deciding merits, the court allowed bail subject to bond and sureties.
Applicant allowed to be released on bail upon furnishing personal bond and two local sureties subject to specific conditions.
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. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37338 of 2020
Applicant :- Shanu Opposite Party :- State of U.P. Counsel for Applicant :- Gajendra Pratap Singh Counsel for Opposite Party :- G.A.,Praveen Kumar Srivastava
Hon'ble Deepak Verma,J.
Counter affidavit filed by learned counsel for opposite party no.2 is taken on record.
Heard Sri Gajendra Pratap Singh, learned counsel for the applicant, Sri Praveen Kumar Srivastava, learned counsel for the informant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicantShanu in Case Crime No. 215 of 2020, under Section 376 I.P.C., Police Station- Sungarhi, District- Pilibhit with the prayer to enlarge him on bail, during the pendency of trial.
Learned counsel for the applicant has submitted that the F.I.R. was lodged under Sections 452, 506, 323 I.P.C. on 27.6.2020 as Case Crime No.215 of 2020 in which applicant had been granted bail by the Chief Judicial Magistrate, Pilibhit vide order dated 14.7.2020, whose order has been annexed as Annexure-2 to the affidavit. He has further submitted that the mother of the applicant lodged a complaint on 3.7.2020 in which brother of the victim and informant of the present case have been made accused. In response of that complaint case, victim has developed a story in her statement recorded under Section 164 Cr.P.C. in which she has alleged the act of rape against the applicant. The applicant is innocent and has never committed rape. As per the statement of the victim recorded under Section 164 Cr.P.C., she herself surrendered before the applicant on the pretext of marriage and when family of the applicant refused their marriage, the victim developed story against the applicant regarding rape. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. So, the applicant, who is languishing in jail since 9.9.2020, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that applicant and victim are relatives and the family of the applicant had promised the victim to marry her with the applicant, but when they refused to marry her with the applicant in response the present F.I.R. has been lodged.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Shanu , who is involved in Case Crime No. 215 of 2020, under Section 376 I.P.C., Police Station- Sungarhi, District- Pilibhit, be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the
authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 1.12.2020 Vikas
2 issues framed by the court
Whether bail should be granted to an accused charged under Section 376 IPC who claims false allegations due to a broken marriage promise.
Whether the applicant satisfies the conditions for bail release from judicial custody.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
_Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22_ · Who else cites this
Shanu
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
