Allahabad High Court
Vijay Vikram Singh Tomar vs State Of U.P. on 2 July, 2010
Author: Arvind Kumar Tripathi
Bench: Arvind Kumar Tripathi
Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25728 of 2009 Petitioner :- Vijay Vikram Singh Tomar Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Sisodia,Atul Sisodia,Sudhir Dixit,V.M.Zaidi Respondent Counsel :- Govt. Advocate,M.L. Rai Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that it was a love marriage. The marriage was solemnized in Arya Samaj Mandir since the family members of both the husband and wife were not agreed with the marriage and it was without their consent. Subsequently, the wife of the applicant conceived. However, she get abortion without consent of the applicant. Due to that altercation took place. Subsequently, on false allegations of demand of dowry and torture First Information Report was lodged. Though she was residing sometime at Aligarh and some time at Bulandshahar. However, First Information Report was lodged at Meerut. The inquiry was conducted by the police of Sasni Gate, Aligarh and it was found that it was not a case of demand of dowry and torture. Since the marriage was without consent of father of the wife of the applicant hence when she conceived, became pregnant, then her father got abortion done. However, only to harass the applicant and other family members the complaint was made. The alleged injuries were also found simple in nature. It appears that the injury was fabricated for filing First Information Report. Applicant is husband. He is in jail since 27.8.2009, though no offence is made out.
Learned A.G.A. and learned counsel for the complainanat opposed the prayer for bail. Learned counsel for the complainanat submitted that though it was a love marriage and subsequently they started demand of dowry and she was being tortured. For that he also contended that abortion got done by the applicant who is husband. She was beaten and received injuries, as per medical report however still she want to settle the matter.
In this view of the facts and circumstances, without expressing any opinion on merits of the case at this stage it is a fit case for bail. Let the applicant namely, Vijay Vikram Singh Tomar be released on bail in Case Crime No. 398 of 2009, under Sections 498A, 323, 504, 506, 307, 313 I.P.C., read with section 3/4 Of D.P.Act, P.S. Kithore, District Meerut on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 2.7.2010 S.A.A.Rizvi