Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45793 of 2021 Applicant :- Dev Chaudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.203 of 2021, under Sections 363, 366 I.P.C., Police Station- Prem Nagar, District- Jhansi.
Learned counsel for the applicant submitted that the victim in her statement under Section 164 Cr.P.C. has clearly stated that she has left her house with her own free will and choice and reached Puna where she met the applicant. It is also stated in the statement that the parents of the victim were forcibly trying to marry her against her will, due to this reason she has left her house. It is submitted that the applicant has provided shelter to the victim which is not an offence. Learned counsel for the applicant further submitted that the applicant has no previous criminal history. The applicant who is in jail since 26.06.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. submitted that applicant is named in the F.I.R.. There are allegations that he lured away the victim. The victim is minor and her age is 14 years according to school certificate. On the aforesaid ground, learned A.G.A. opposed the bail application.
Considering the rival contentions of the parties, the allegations made in the F.I.R., the material on record, nature of offence, evidence, severity of punishment and particularly the statement of the victim recorded under Section 164 Cr.P.C. and all attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Dev Chaudhary involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 21.12.2021 Krishna*