Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32832 of 2021 Applicant :- Lala Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Tiwari 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 record.
By means of this application, the applicant who is involved in Case Crime No. 37 of 2021, under Sections 366, 504, 506, 376, 328 I.P.C., P.S. Chandaus, district-Aligarh, is seeking enlargement on bail during the trial.
The first information report was lodged by the brother of the victim against the present accused and other co-accused Jeeta, alleging therein that the the present accused and the other co-accused had carried her sister, who is aged about 20 years on 9.1.2021 on a motorcycle. It was also alleged that the accused persons had threatened the complainant with dire consequences.
Learned counsel for the applicant submits that the alleged victim was admittedly major and she was in consensual relationship with the applicant. The first information report was lodged after an inordinate and unexplained delay of about forty days. Further submission is that from the perusal of the facts stated by the alleged victim in her statement recorded under section 161 Cr.P.C, it appears that she was a consenting party, who had traveled with the applicant to several places by public transport and lived with him for forty day, having ample opportunities to escape or raising cries for help but she did not do so. Her medical report does not indicate any marks of violence, injury or sexual assault. He lastly submits that the applicant, who is in jail since 26.2.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A. has opposed the prayer for bail and submitted that the alleged victim has supported the prosecution case in her statement recorded under Section 164 Cr.P.C., hence the prayer for bail is liable to be rejected.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the alleged victim has lived with the present accused for about 40 days but she has not raised any alarm anywhere about her captivity, considering the facts and circumstances of the fact and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Lala be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with 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 :- 27.10.2021 Faridul