Allahabad High Court
Salman Ali vs State Of U.P. on 25 June, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 4079 of 2020 Applicant :- Salman Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sagar Singh,Shri Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard Mr. Sagar Singh, learned counsel for the applicant as well as Mr. Tilak Raj Singh, learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.25 of 2020, under Sections 376, 504, 506 I.P.C. and Section 3/4 POCOS Act, Police Station Safipur, District Unnao, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 06.02.2020. It is further submitted on behalf of the applicant that the prosecution case is based on the concocted facts. He further submitted that it is admitted in the F.I.R. that the marriage of prosecutrix was solemnized with the applicant on 10.01.2020 and at the time of marriage, prosecutrix was carrying the pregnancy of two months. Thereafter, some medicine was given to her, as a result, fetus was aborted, then the alleged F.I.R. was lodged by the complainant.
Learned counsel for the applicant further submitted that there is no evidence of abortion but only to victimize the applicant as well as other family members, the present F.I.R. has been lodged. He further submitted that in the medical report, no any injury is found over the body of the prosecutrix. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the F.I.R. was lodged by the prosecutrix, in which it was alleged that the applicant abused his position by making relation with the prosecutrix, as a result, she conceived and when she was carrying pregnancy of two months, then the marriage was solemnized with her and thereafter, by giving some medicine to her, fetus was aborted, therefore, the applicant is not entitled to get bail, but he has not disputed the above contention made by learned counsel for the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Salman Ali be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 25.6.2020 S. Shivhare