Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31345 of 2019 Applicant :- Saurabh Kapoor Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Dhaka Counsel for Opposite Party :- G.A.,Rajendra Singh Parihar
Hon'ble Rajeev Misra,J.
Heard Mr. Vivek Dhaka, learned counsel for the applicant, the learned A.G.A. for the State and Mr. Rajendra Singh Parihar, learned counsel for the complainant.
This bail application has been filed by the applicant Saurabh Kapoor, seeking his enlargement on bail in Case Crime No. 1046 of 2017 under Sections 376 IPC P.S. Kankerkhera, District Meerut during the pendency of the trial.
In respect of continuous offence, alleged to have been committed by the present applicant from the year 2011, an F.I.R. dated 1.12.2017 was lodged by the prosecutrix Babita Prasad, which was registered as Case Crime No. 1046, under section 376 IPC., P.S. Kankerkhera, District Meerut.
In the aforesaid F.I.R., the applicant Saurabh Kapoor has been nominated as the named accused. As per the prosecution story as unfolded in the F.I.R., the applicant has promised the prosecutrix in the year 2011 that he will marry her and on that false premise, established physical relatinonship with the prosecutrix. The F.I.R. was lodged on 1.12.2017. The statement of the prosecutrix under section 161 Cr.P.C. was recorded on 2.12.2017. Ultimately, statement under section 164 Cr.P.C. was recorded on 6.2.2018. The prosecutrix was medically examined on 2.12.2017. Learned counsel for the applicant submits that the applicant is innocent and he is in jail since 15.6.2019. From the allegations made in the F.I.R., it is explicitly clear that the prosecutrix was a consenting party. She is a major aged about 33 years. On the aforesaid factual premise, it is urged that the applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, he could not dispute the factual and legal submissions raised by learned counsel for the applicant.
Having heard the learned counsel for the applicant and the learned A.G.A. for the State and upon perusal of the material brought on record as well as the complicity of the applicant and without making any comment on the merits of the case, I find that applicant has made out a case for bail.
Let the applicant Saurabh Kapoor, 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 SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 26.8.2019 Arshad