Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41273 of 2021 Applicant :- Arvind Chauhan Urf Arvind Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.,Vishwanath Mishra
Hon'ble Samit Gopal,J.
Heard Sri Santosh Kumar Mishra, learned counsel for the applicant, Sri Vishwanath Mishra, learned counsel for the first informant and Sri U.P. Singh, learned counsel 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- Arvind Chauhan Urf Arvind, seeking enlargement on bail during trial in connection with Case Crime No. 137 of 2021, under Sections 376, 313, 323, 506 I.P.C., registered at Police Station Kothibhar, District Maharajganj.
Learned counsel for the applicant argued that the prosecutrix on her own saying as stated in the first information report is about 26 years old and is major women. It is argued that the relationship as stated by the first informant with the applicant was on a promise to marry. It is argued that the first information report has been lodged after the applicant refused marriage with the first informant. It is further argued that the relationship was a consensual relationship and there was some discussion of marriage between the parties but due to some reason the same could not materialize and as such the first information report has been lodged. It is further argued that so far as the allegation of miscarriage is concerned the same does not find support from the medical examination report as the prosecutrix/ first informant when was produced before the Doctor, she refused her medical examination. It is further argued that the applicant has no criminal history, as is stated in para 15 of the affidavit and is in jail since 06.08.2021.
Per contra learned A.G.A. opposed the prayer for bail and that the applicant has exploited the first informant on a false pretext of marriage and because of the same he continued to sexually exploit her. The first informant had narrated her sad story in the first information report. It is argued that the applicant is involved in the present case. The prosecution case is corroborated by the statements recorded under Section 161 and 164 Cr.P.C.
After heard learned counsel for the parties and perusing the record it is evident that the prosecutrix is a 26 years old major women. There was some discussion between her and the applicant with regard to marriage. The relationship appears to be consensual relationship on the promise of marriage but subsequently the marriage was refused by the applicant.
Let the applicant- Arvind Chauhan Urf Arvind, 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.
(Samit Gopal, J.) Order Date :- 17.12.2021 Abhishek Singh