Allahabad High Court
Jawahir Lal & Another vs State Of U.P. on 7 July, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17147 of 2010 Petitioner :- Jawahir Lal & Another Respondent :- State Of U.P. Petitioner Counsel :- Purushottam Upadhyay Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated. He further submits that the FIR has been lodged after one year and no plausible explanation with regard to delay has been given. According to the prosecution story the victim is a married lady and since she was not having cordial relations with her husband, was staying in her Maika. The allegation against the applicants is that they instigated the victim to make physical relations with their nephew Jittan and also instigated her to get married with her, as such on their instigation she submitted herself to their nephew and got married to him in the temple who put sindoor in the middle parting over her forehead and started treating her as his wife. It has been further alleged by the victim that after some time he refused to solemnise any formal marriage and treat her as his wife.
The applicant has further submitted that Jittan was unable to marry her since her first marriage is still subsistting and she has not been divorced by her husband, as such there is no question of instigating or abetting the prosecutrix to marry Jittan or to have any physical contact with him. Learned counsel for the applicant further submits that they have not committed any alleged offence and they have been implicated because they are close relative of Jittan, with whom the proxecutrix had illicit relations voluntarily. He further submits that FIR has been lodged on the basis of application filed under section 156( 3 ) Cr.P.C. and the present FIR has been lodged to black-mail and to put pressure on Jittan and the applicants in order to get married with Jittan. He further submits that the applicants have no criminal history and are in Jail since 03-6-2010.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail.
Let the applicants Jawahir Lal and Renu involved in Case Crime No. 261 of 2010 under Section 366, 376, 493, 120-B IPC, P.S. Sujanganj, District Jaunpur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior. In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.
Order Date :- 7.7.2010 IA