In a bail application under Sections 376(2) IPC arising from a matrimonial dispute and land transfer issue, the court granted bail to the applicant who alleged false implication, referring to Dataram Singh for appropriate standards.
Release on bail in Crime No. 115 of 2020 on furnishing personal bond and two local sureties after verification.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40898 of 2020
Applicant :- Chandrapal Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Vikas Rana, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant- Chandrapal with a prayer to release him on bail in Case Crime No. 115 of 2020, registered under Sections 376 (2), Police Station- Shergarh, District- Bareilly, during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is wholly innocent and has been falsely implicated in the present case. The first informant is a widow lady and has solemnized marriage with the applicant on 21.8.2020. Allegation alleged in the F.I.R. is false and fabricated only to pressurize the applicant to live with the victim. In the statement under Section 164 Cr.P.C., the victim has stated that if applicant marries her, she will marry him. If he does not marry, he has cheated her, he should be punished for the act. The dispute arose between the applicant and victim regarding transfer of two bigah land. In the affidavit, it has been stated that the prosecutrix was insisting the applicant to transfer his two bigah land in her name and the applicant refused to do so on account of which victim got annoyed with applicant and roped him in the present case. 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 25.8.2020, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. opposed the bail prayer of the applicant, but could not dispute the facts as narrated by learned counsel for the applicant.
Considering the facts and circumstances of the case,
submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view 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 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant- Chandrapal , who is involved in Case Crime No. 115 of 2020, under Sections 376 (2), Police StationShergarh, District- Bareilly, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the 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 :- 2.12.2020 Vikas
2 issues framed by the court
Whether the applicant, falsely implicated in a matrimonial dispute, is entitled to bail having no criminal history.
Whether conditions for bail can be imposed to prevent tampering with witnesses and ensuring presence at trial.
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 (2018) 3 SCC 22 · Who else cites this
Chandrapal
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
