Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32184 of 2021 Applicant :- Deva @ Parth Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.,Faizan Siddiqui
Hon'ble Samit Gopal,J.
Heard Sri Akash Mishra, learned counsel for the applicant, Sri Faizan Siddiqui, learned counsel for the first informant and Sri S.B. Maurya, 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 Deva @ Parth Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 199 of 2021, under Sections 363, 366, 376, 506, 120-B I.P.C. and Section 7/8 POCSO Act, registered at Police Station Bharthana, District Etawah.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the prosecutrix is a major girl and she went with the applicant out of her own sweet will and travelled to various places without any resistance whatsoever. The implication of the applicant and his family members is with malafide intentions just to blackmail them. It is argued that in the statements under Section 161 Cr.P.C. and 164 Cr.P.C. of the prosecutrix she has stated that sent went with the applicant out of her own sweet will and has also travelled to various places.
It is further argued that the victim in her statement under Section 164 Cr.P.C. has stated that she has solemnized marriage with the applicant. She travelled with him to various places. Learned counsel for the applicant argued that the victim is a consenting party and has travelled with the applicant out of her own sweet will and did not raise any resistance whatsoever during the period she was accompanied with the applicant. It is argued that the present case is a case of elopement. He further argued that the applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 25.06.2021.
Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report, in the statements under Section 161 Cr.P.C. and 164 Cr.P.C. It is argued that the applicant enticed away prosecutrix and detained her illegally and even established physical relationship.
After having heard learned counsels for the parties and perusing the records, it is evident that the victim is stated to be about 17 years and 8 months as per the date of birth mentioned in her high school certificate. The present case is appears to be a case of elopement.
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 Deva @ Parth Gupta, 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 :- 27.9.2021 M. ARIF (Samit Gopal, J.)