VIRENDAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. Perused the record.

(2.) Submission of the counsel for the applicant is that dispute arose essentially from matrimonial discord and the applicant is also behind the bars since 24.9.2014 in this matter who has already spent more than a year in jail. The main thrust of the submission is that the wife who is said to be the victim has completely been reconciled and has in fact started living in the matrimonial house along with her children and is regularly visiting the husband in jail and wants to bring back her husband to live along with him. Counsel has drawn the attention of the court to the Annexure No.5 which is an affidavit filed on behalf of Smt. Sarita the victim wife and the same had been filed before the Sessions Court, Jaunpur in which she has completely exonerated the applicant and in fact had said that she had accidentally incurred the injuries while doing the domestic work as the coercive substance had fallen on her. This affidavit is dated 3.10.2014. Today again an affidavit on behalf of Smt. Sarita the wife had been filed in court by the counsel in which also she has averred that she does not want to proceed any more against her husband and in this affidavit also she has confirmed the earlier affidavit filed before the Sessions Court Jaunpur and has expressed her grievance that despite the same the bail application was rejected. Counsel for the applicant has also produced the victim/wife before the court who on her own insistence came up before the court and requested the court to release the applicant on bail. In fact she has also on her own stated before the court that she is living along with the family members of the applicant in her matrimonial house and wants to begin the life with her husband and is facing enormous financial difficulty to live on her own in absence of her husband as she is depending upon the other family members. The first informant of the case is the father of the victim who has also come up before the court and on his own insistence expressed that the applicant may be released on bail and further stated that the victim/wife has been regularly visiting her husband in jail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 24.9.2014 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.It has been pointed out that the applicant has no criminal history. Learned A.G.A. opposed the prayer for bail. .

(3.) After perusing the record in the light of the submissions made at the bar and in the peculiar facts and circumstances of the case and specially keeping in view the affidavit filed by the victim herself and statement given by the father of the victim in court and in view of the insistant request that she should be given a chance to re -begin her marital life and do justice to her child, this Court is of the view that the applicant may be enlarged on bail.