Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9384 of 2021 Applicant :- Muttu Khan @ Sirajuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Lal Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
The matter has been taken up through Video Conferencing.
Heard Sri Lal Chandra Mishra, learned counsel for the applicant, Sri V.K. Maurya, 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-Muttu Khan @ Sirajuddin, seeking enlargement on bail during trial in connection with Case Crime No.216 of 2020, under Sections 366, 376, 342 I.P.C., registered at Police Station Naraini, District Banda.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the first information report of the present case was registered by Nandu who is the father of the victim, who has stated the age of the victim as that of 24 years in the same. It is further argued that the victim ran away with the applicant on her own sweet-will and stayed with him and in the period therein both the persons indulged into physical relationship. Learned counsel for the applicant placed before the Court the statement of the victim recorded under Section 161 Cr.P.C. in which she has stated to a specific question being asked by the Investigating Officer as to whether the physical relationship between the applicant and the victim was a forceful relationship which was denied, copy of the said statement is annexed as annexure no.3 to the affidavit filed in support of bail application. Learned counsel for the applicant placed before the Court the statement of the victim recorded under Section 164 Cr.P.C. in which she has stated that previously she was married with one Mukesh in the year 2014 and lived with him for about two years and later on due to some matrimonial dispute they separated themselves and thereafter she came in contact with the applicant and used to talk to him and became friendly with him and later on the applicant took her forcibly on a vehicle to different places where she was kept at a room located at a lonely place where physical relationship was established by the applicant with her. It is further argued that the said story is a false story just to give a different colour and more so the victim was a consenting party with the applicant to have fled away from her house and stayed with him. While placing the statement of the victim recorded under Section 164 Cr.P.C., learned counsel for the applicant has argued that even therein the victim has stated that if the applicant marries her and keeps her properly then she is ready to live and marry with him, as such the victim had eloped with the applicant and was a consenting party to the said relationship, copy of the said statement is annexed as annexure no.5 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit and is in jail since 15.12.2020.
Per contra learned A.G.A. has opposed the prayer for bail and argued that the applicant is named in the first information report, statement under Section 161 Cr.P.C. and statement under Section 164 Cr.P.C. of the victim. It is further argued that the applicant has been assigned the role in both the statements of physical relationship with the victim against her will, hence the prayer for bail be rejected.
After hearing the counsel for the parties, it is apparent that the victim was a well grown adult about 24 years of age, previously married who had lived for around two years with her husband and after that she separated from him and then came in contact with the applicant and used to talk to him and remained in friendship with him, she went with the applicant and is ready to marry the applicant if the applicant is also ready to marry her.
Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, 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-Muttu Khan @ Sirajuddin 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.
(Samit Gopal, J.) Order Date :- 24.5.2021 Gaurav