PANKAJ TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sunil Vashistha, Rajiv Sisodiya Advocates assisted by Sri Julfeqar Haidar, learned counsel for the applicant, learned A. G. A. for the State of U. P. , Sri Anil Mullick, learned counsel for the complainant and perused the record.

(2.) The instant criminal appeal has been filed against the impugned order dated 11. 07. 2019 passed by Special Judge (SC/ ST) Act , Meerut in Bail Application No. 1988 of 2019 (State Vs. Pankaj Tyagi), arising out of Case Crime No. 27 of 2019, under sections 420 , 313 , 392 , 376 , 495 , 504 , 506 , 120-B IPC and section 3(2)V of SC/ ST Act , Police Station Medical, District Meerut is seeking enlargement on bail during the trial.

(3.) It is a strange case whereby at the behest of opposite party no. 2 the instant first information report was got registered under sections 420 , 313 , 392 , 376 , 495 , 504 , 506 , 120-B IPC and section 3(2)V of SC/ ST Act , against the applicant, Smt. Anjul Tyagi, Dev Tyagi, Aditi Tyagi, Shanu and Subhash. The allegation of FIR is that in the year 2012 after passing the nursing course from a local institute, the daughter of first informant come into contact with the applicant, who happens to be the Manager of a local nursing home. It is further contended that, though in the FIR the applicant is a married person having wife Smt. Anjul Tyagi, son and daughter namely Dev Tyagi and Aditi Tyagi, still, none other than his wife Smt. Anjul Tyagi projected the applicant as widower instigated the victim (Ms. X) to share the physical relationship with her husband. It is also strange that the wife of the applicant herself has permitted the victim to share the physical relationship with her husband and consequently during 2012 to 2014 the victim remain in the "live in relationship" and ultimately on 10. 10. 2014 applicant got married with the victim.