Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36578 of 2021 Applicant :- Kamruddin @ Kayamuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Samiuzzaman Khan,Saddam Husain Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.258 of 2020, under Sections 363, 366 I.P.C., Police Station Shahganj, District Jaunpur.
Learned counsel for the applicant submits that according to the FIR version on 22.10.2020 near about 10:00 a.m. in the morning victim went to learn stitching but did not return. He further submits that date of birth of the victim is 1.1.2004 and in the adhar card date of birth of the victim is wrongly mentioned as 1.1.2002 and as per high school mark-sheet date of birth of the victim is 1.1.2004. He further submits that applicant enticed away the victim and on 24.10.2020 to save his reputation, informant lodged a missing FIR and on 10.11.2020, received information that victim and applicant are present in village Surahi Karihan then he went to register the present FIR along with Mewalal, Pradhan of the Village Surahi and reported the matter along with the victim and applicant. He further submits that as per statement of the victim out of her own sweet-will went along with the applicant and performed marriage but subsequently under pressure of family members she has stated to live with her father. He further submits that victim in her statement u/s 161 Cr.P.C. has stated that she used to talk to applicant and 22.10.2020 applicant called to to meet at Dadar bridge and when she went, from there they went to his sister's house at district Balrampur and on 10.11.2020 his family members aggrieved and applicant married her on stamp paper, since then they are living as husband and wife, but now she wants to live with her father and victim in her statement u/s 164 Cr.P.C. has stated that she knows the applicant since one year and used to talk to him and liked him, on 22.10.2020, he called her at bridge and asked her to take her cloths along with her, from there they went to Azamgarh bus stand and stayed for a night, and next day, went to his sister's house at Balrampur and his sister and brother-in-law forcibly married off the victim to the applicant. She has also stated that she did not want to go with him but he enticed her and took her on the pretext of taking her for a trip. He further submits that as per statement of the victim out of her own sweet-will she went along with the applicant and performed marriage but subsequently under pressure of family members she has stated to live with her father. He further submits that applicant has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 10.11.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, as per statement of victim she knows the applicant for an year and she likes him and used to talk with him, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(iii) 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.
(iv) 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. is issued and the applicant fails to appear before the court on the date fixed, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.9.2021 m.a.
Digitally signed by Justice Ali Zamin Digitally signed by Justice Ali Zamin Date: 2021.10.04 19:16:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Date: 2021.10.04 19:23:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad