Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16838 of 2021 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Phool Singh Yadav,Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.,Satish Kumar Mishra
Hon'ble Samit Gopal,J.
Heard Sri Phool Singh Yadav and Sri Shivam Yadav, learned counsels for the applicant and Sri Ankit Srivastava, learned Brief Holder for the State and perused the material on record.
Sri Satish Kumar Mishra, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Dharmendra Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 22 of 2020, under Section(s) 376, 504, 506 I.P.C. registered at P.S. Asothar, District- Fatehpur.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the present F.I.R. has been lodged with malafide intentions just in order to falsely implicate and harass the applicant. It is argued that previously the victim had filed a complaint which was dismissed vide order dated 7.2.2020 under Section 203 Cr.P.C. and then the present F.I.R. has been registered on 13.2.2020. It is argued that the allegation in the F.I.R. is that the victim was a married lady and her husband had died on 09.4.2015 and after that she had received some money from the insurance and the applicant, who is her neighbour, has made a false promise to marry her and had called her on 3.1.2017 and committed rape on her and since then had been establishing physical relationship with her and had also got money she had received, transferred in the bank account of father, mother and brother of the applicant and, later on had refused to solemnize marriage with her.
It is argued that the victim was a consenting party to the relationship and she is a major and a widow lady. It is argued that the entire allegations levelled against the applicant are false and with malafide intentions. It is further argued that the applicant has no other criminal antecedents as stated in para-19 of the affidavit and is in jail since 15.3.2021.
Per contra, learned AGA opposed the prayer for bail.
After having heard learned counsels for the parties and perusing the record, it is apparent that the present case is a case of false promise to marry with a widow. The F.I.R. is delayed by about three years.
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- Dharmendra Kumar, 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 :- 27.7.2021 Naresh (Samit Gopal,J.)