Md. Farook Ali v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6604 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as Accused No.1 in Crime No.812 of 2022 on the file of Station House Officer, Vanasthalipuram Police Station, Rachakonda registered for the offences punishable under Sections 493, 420, 406, 494, 323 and 506 of Indian Penal Code.

2.

Heard learned counsel for the petitioner/Accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The facts of the case are that the petitioner is alleged to have come into contact with the de facto complainant in the year 2019 and they fell in love. According to the de facto complainant it was the petitioner had induced her with deceitful words and made her accept even though they belong to different religions. The petitioner took an amount of Rs.3,00,000/- from the de facto complainant on the pretext of purchasing a plot at Saheb Nagar.

Later both of they got married on 21.04.2021 at a temple in Manikonda. It is further alleged that 16 tulas of gold belonging to de facto complainant was also taken by this petitioner. Soon after she came to know that the petitioner was already married with two children and the same was informed to his first wife. Few days later the de facto complainant became pregnant which was aborted and a complaint was also filed in Saroornagar Police Station, the said complaint was withdrawn. However, the de facto complainant filed the present complaint against the petitioner and others on the allegations of cheating and taking money.

4.

Learned counsel for the petitioner submits that earlier a complaint which was lodged by the de facto complainant with the very same reason was withdrawn by her and the present complaint is filed for the very same reason. He further submits that in fact it was the de facto complainant who had taken the money from the petitioner.

5.

Learned Assistant Public Prosecutor submits that the investigation is still pending and Accused Nos.2 and 3 are absconding.

6.

As seen from the record, there are differences between the de facto complainant and the petitioner over a period of three years and earlier she had also filed a complaint before the Saroornagar Police and the same was withdrawn.

7.

In the said circumstances, the allegations whether true or otherwise be revealed during the course of investigation and release of the petitioner/Accused No.1 would not have any adverse impact on the investigation, as such, this court is inclined to grant the relief of bail to the petitioner.

8.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.1 is granted bail subject to the following conditions:

i) The petitioner/Accused No.1 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of VII Additional Metropolitan Magistrate, Ranga Reddy District at Hayathnagar. ii) The petitioner/Accused No.1 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of three (03) months and thereafter as and when required.

iii) The petitioner/Accused No.1 shall not in any manner contact either the de facto complainant or her family members, failing which the bail granted to his petitioner/Accused No.1 is liable to be dismissed.

iv) The petitioner/Accused No.1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 02.08.2022 ns