Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26996 of 2021 Applicant :- Javed Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Abrar Ahmad Siddiqui, learned counsel for the applicant and Sri Akhilesh Kumar Tripathi, learned A.G.A. 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- Javed Ahmad, seeking enlargement on bail during trial in connection with Case Crime No. 038 of 2021, under Sections 420, 498, 376, 323, 504 I.P.C., registered at Police Station Utraon, District Prayagraj.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that initially, first information report was registered under Sections 420, 498, 323 I.P.C. Later on, the case was converted into a case under the present Sections. It is argued that the victim / first informant is a major lady and on her own showing, in the first information report has stated herself to be of 26 years and a married woman who subsequently performed court marriage with the applicant on 20.11.2020 and then started staying with the applicant in Lucknow along with her children after which some dispute arose between them and the present first information report has been registered. It is argued that even in the statements of the victim recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C., she has stated that she is a married woman and since her husband was living outside the country, seldom used to come and she was in touch with the applicant since long, she went with him, performed court marriage and moved to Lucknow in a rented house after which some dispute arose and she was thrown out of the house by the applicant. It is argued that as such, the victim / first informant is a consenting party and no offence is made out.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit and he is in jail since 22.04.2021 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the arguments as raised by the learned counsel for the applicant.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the victim is a major, previously married woman, having children who went from her matrimonial house, performed court marriage with the applicant and started living with him but dispute arose between them after which the present first information report has been registered.
Looking to the facts and circumstances of this case, the nature of evidence, the unlikelihood of early conclusion of trial 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- Javed Ahmad, 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 :- 29.7.2021 AS Rathore (Samit Gopal,J.)