Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32799 of 2021 Applicant :- Dinesh Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Bahadur 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 entire record.
The present bail application has been filed by the applicant in Case Crime No. 57 of 2021, under Sections 366, 376, 342, 323 and 506 IPC, Police Station - Dehligate, District - Aligarh with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant against present applicant Dinesh and other co-accused persons. It was alleged that the husband of the victim has been missing untraceable for the last four years and the complainant is doing labour work to feed herself and her children. It is further alleged in the FIR that four months ago she was introduced to the present accused by her maternal uncle on the pretext that the present accused will arrange some job for her. Thereafter, the present applicant along with his brother Virendra enticed her and forcibly kept her in their house and the present applicant forcibly solemnized marriage with the complainant. On her effort to run away she was mercilessly beaten and was told that she was purchased for Rs. 1,30,000/-. Any how, later on, she managed to run away and application to the SSP was given.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is submitted that the alleged victim was in consensual relationship with the present accused and solemnized marriage with him. Further, the FIR has been got registered just to harass the applicant as the complainant was demanding from him Rs. 5 Lakhs and on not getting the amount present false FIR was lodged against the applicant. Lastly, it is argued that the applicant is in jail since 24.02.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Dinesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith 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 :- 17.12.2021 LBY