Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31716 of 2021 Applicant :- Azan Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Raj Kiran Chaudhary, learned counsel for the applicant and Sri Pankaj Mishra, 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- Azaz Khan, seeking enlargement on bail during trial in connection with Case Crime No.217 of 2021, under Sections 376, 313, 323, 504, 506 I.P.C., registered at Police Station Bhelupur, District Varanasi.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the prosecution case as per FIR registered by the prosecutrix is that she is aged about 20 years and was in love with the applicant who on a false promise to marry, allured her and established physical relationship with her since the last two years. She became pregnant for three times after which applicant gave her some medicines and said pregnancy was aborted then she started pressurizing for marriage to the applicant which he refused and assaulted her and even abused her. The present FIR is thus registered against the applicant only. The prosecutrix of her own showing has stated that she is 20 years of age. It is further argued that she was in love with the applicant and their relationship was consensual relationship. There arose some dispute between them because of which their marriage could not be solemnized and hence present FIR has been lodged. The allegation of the victim that she became pregnant for three times and had aborted the said pregnancy is false and is without any evidence. It has also been pointed out that the applicant is not having any criminal history as stated in para 21 of the affidavit. The applicant is in jail since 22.04.2021.
Per contra learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the FIR, in the statements of the prosecutrix recorded under Section 161 Cr.P.C. and 164 Cr.P.C. There are allegations against the applicant of establishing physical relationship with the prosecutrix on false promise to marry, as such the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the prosecutrix/first informant is a major lady aged about 20 years. Physical relationship between the applicant and the prosecutrix was consensual which continued since the last two years. Subsequently there was some dispute with regards to marriage between them after which present FIR has been lodged.
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-Azan Khan, 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.
(Samit Gopal, J.) Order Date :- 22.9.2021 Gaurav