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Jalim vs State Of U.P. on 11 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 24267 of 2019

Applicant :- Jalim

Opposite Party :- State Of U.P.

Counsel for Applicant :- Bhagwan Das

Counsel for Opposite Party :- G.A.

Hon’ble Umesh Chandra Tripathi,J.

Heard learned counsel for the parties and perused the record.

By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 71 of 2016, under Sections 376, Section323, Section504, Section506 of I.P.C. and Section 3/4 of POCSO Act, Police Station – Malwan, District – Fatehpur.

As per prosecution version, on 07.10.2015 at about 05.00 P.M., the applicant committed rape on the prosecutrix, sister of the informant. First information report in this reference was lodged on the application of the informant under Section 156(3) of Cr.P.C.

Learned counsel for the applicant contended that sister of the applicant was married with Vimesh Kumar, brother of the informant. Vimlesh Kumar and his family members committed murder of sister of the applicant due to unfulfillment of demand of dowry In this reference, father of the applicant lodged first information report under Sections 498A, Section304B of I.P.C. and Section 3/Section4 of Dowry Prohibition Act against informant Bhanu and his family members. In counterblast, the informant has lodged this F.I.R. with false allegation, just to pressurize the father of the applicant to compromise the matter and withdraw the case lodged by him against the informant and his family members. He next contended that medical report does not corroborate the prosecution version of rape on the prosecutrix. He further contended that the applicant is not a history-sheeter and is languishing in jail since 31.01.2019.

Per contra, learned A.G.A. opposed the prayer for bail and submitted that as per school certificate, date of birth of the prosecutrix is 24.12.1998. Accordingly, she was minor on the date of occurrence. The prosecutrix in her statement under Section 164 of Cr.P.C., supported the version of the prosecution.

Ram Daras, father of the applicant, has lodged an F.I.R. at Case Crime No. 5 of 2016, under Sections 498A, Section304B of I.P.C. and Section 3/Section4 of Dowry Prohibition Act against informant Bhanu and his family members.

Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.

Let the applicant – Jalim be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.

Application stands allowed.

Order Date :- 11.7.2019

I. Batabyal

 

 

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