Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2740 of 2021 Applicant :- Aamir Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant and Sri B.B. Upadhyay, learned A.G.A. for the State and perused the material on record.
This is the second bail application of the applicant.
The first bail application of the applicant was rejected by this Court vide order dated 27.07.2020 passed in Criminal Misc. Bail Application No. 57977 of 2019 (Aamir vs. State of U.P.) for non prosecution.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Aamir, seeking enlargement on bail during trial in connection with Case Crime No. 351 of 2019, under Sections 376 and 506 I.P.C., registered at Police Station Shikarpur, District Buland Shahar.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the allegation against the applicant is that he and the prosecutrix, who is the first informant were living together since the last three years in Panipat on an assurance by the applicant to marry her and there were physical relationship established between them and in the meantime, she became pregnant twice which was got aborted on the saying of the applicant after which, the prosecutrix started telling the applicant to marry her but he refused the same and did not marry her. It is argued that the present case, is a case of consent and of consensual relationship and some dispute with regards to marriage had occurred after which, the present first information report has been registered. The prosecutrix is a major aged about 26 years. She was staying with the applicant since the last three years in Panipat out of her own sweet-will. She did not resist staying with the applicant and even establishing of physical relationship between them. It has also been pointed out that the applicant is not having any criminal history as stated in para 19 of the affidavit and he is in jail since 11.09.2019.
Per contra, learned A.G.A. opposed the prayer for bail and argued that the applicant is named in the first information report and he established physical relationship with the prosecutrix on a false promise to marry her.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the prosecutrix is a major girl. She was living with the applicant since the last three years out of her own sweet-will and even, physical relationship was established between them without any resistance. She became pregnant twice which was also got aborted by her and was not resisted by her. Some dispute with regards to marriage arose between them and then the first information report has been registered.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Aamir, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2021 AS Rathore (Samit Gopal,J.)