Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25691 of 2021 Applicant :- Awadhesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Yadav,Naveen Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.034 of 2021, under Sections 506, 406 and 376 I.P.C., P.S. Pipiganj, District-Gorakhpur and is in jail since 07.03.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by opposite party no.2. As per the F.I.R. version, the applicant threatened the opposite party no.2 that he will consume poison and implicate her parents. On 18.11.2020 when she was going for meeting on the block, the applicant forced her to go to Punjab and took away her money, mobile and established physical relation with her. It was further mentioned in the F.I.R. that the applicant went with her to Gorakhpur from where she escaped herself and came back to her parents and told everything to her parents. It is alleged in the F.I.R. that the applicant has threatened her that he will not let her marry with anyone. He had forcibly married with her in a temple and he will viral the pictures of marriage.
Learned counsel for the applicant submitted that alleged victim was in consensual relationship with the present applicant; she was major aged about 22 years. She lived with the applicant for about two and half months but she has not raised any alarm anywhere about her captivity. He further submitted that the incident is stated to have taken place on 18.11.2020 whereas the F.I.R. was lodged on 04.03.2021; as per the medical report, there is no physical, external and internal injuries were seen.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Awadhesh Yadav be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 30.7.2021 Asha