Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15443 of 2021 Applicant :- Anshu Patakh @ Tripurari Pathak Opposite Party :- State of U.P.
Counsel for Applicant :- Sudheer Kumar Singh Counsel for Opposite Party :- G.A.,Dinesh Chauhan,Shambhavi Nandan
Hon'ble Samit Gopal,J.
Heard Sri Sudheer Kumar Singh, learned counsel for the applicant, Sri Shambhavi Nandan, learned counsel for the first informant, Sri Raj Kumar Gupta, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Anshu Patakh @ Tripurari Pathak, seeking enlargement on bail during trial in connection with Case Crime No. 406 of 2016, under Section(s) 496, 376 I.P.C. and 3/4 POCSO Act, registered at P.S. Kotwali, District Azamgarh.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the case of the prosecution as per the F.I.R. registered by the victim herself, is that she was in love with the applicant since last three years and on the said pretext, the applicant exploited her and when she asked him to marry her, he refused. It is argued that the victim is major as is evident from the certificate of Chief Medical Officer, Azamgarh, copy of which is annexure no.5 to the affidavit, wherein the C.M.O. concerned has opined her age to be about 18 years.
It is argued that the preset case is a case of false promise to marry and the victim submitted herself to the applicant out of her own sweet will and the F.I.R. has been registered when the applicant refused to marry her. It is further argued that the F.I.R. was registered under Section 496 I.P.C. only but during investigation Sections 376 I.P.C. and 3/4 POCSO Act have been added. Learned counsel has placed before the court the order dated 25.5.2017 passed by a Division Bench of this Court in Criminal Misc. Writ Petition No. 9212 of 2017 (Anshu Pathak vs. State of U.P. and 3 others), by which arrest of the petitioner was stayed till submission of police report under Section 173(2) Cr.P.C., copy of which has been produced before the Court, which has been taken on record. It is argued that the applicant has no other criminal antecedents as stated in para-18 of the affidavit and is in jail since 4.3.2021.
Per contra, learned AGA opposed the prayer for bail and argued that the applicant exploited the victim for about three years on a false pretext of marriage and also established physical relationship with her on the said false pretext and subsequently refused to marry with her.
After having heard learned counsels for the parties and perusing the record, it is apparent that in the F.I.R. which has been lodged by the victim herself, it has been stated that the victim was in love with the applicant and had submitted herself to him on the assurance of the applicant to marry her. It was only when he refused to marry the present F.I.R. 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- Anshu Patakh @ Tripurari Pathak, 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 :- 28.7.2021 Naresh (Samit Gopal,J.)