Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21267 of 2021 Applicant :- Tauseef Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Abid Ali Counsel for Opposite Party :- G.A.,Mohd Faiz
Hon'ble Samit Gopal,J.
The matter has been taken up through Video Conferencing.
Heard Mohd. Abid Ali, learned counsel for the applicant, Mohd. Faiz, learned counsel for the first informant who has filed his vakalatnama on 24.5.2021 and is on record, Sri J.B. Singh, learned A.G.A. for the State who have appeared through Video Conferencing and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Tauseef seeking enlargement on bail during trial in connection with Case Crime No.77 of 2020, under Sections 363, 366, 376 I.P.C., and 3/4 POCSO Act, registered at Police Station Sector 24, Noida, District Gautam Budh Nagar.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that as per the first information report the victim is stated to be aged about 18 years and even as per the certificate of the Chief Medical Officer which is annexed at page 32 of the paper book, the age of the victim has been opined to be 18-19 years in the certificate dated 22.12.2020. It is further argued that the victim was a major and had eloped with the applicant, married him and were living as husband and wife from 4.1.2020 to 21.12.2020 when she was recovered by the police. While placing the statement under Section 164 Cr.P.C. of the victim which is annexed as annexure no.5 to the affidavit filed in support of bail application, it is argued that the victim has stated that she travelled to various places out of her own free- will with the applicant without any resistance, solemnized her marriage with him and then established physical relationship with him. She has stated that prior to the marriage, the victim has in categorical terms stated that no physical relationship was established between the applicant and herself. It is further argued that the victim went with the applicant out of her own sweet-will. It has also been pointed out that the applicant is not having any criminal history and is in jail since 21.12.2020.
Per contra learned A.G.A. has opposed the prayer for bail and argued that the name of the applicant surfaced during the investigation although no one is named in the FIR. The victim remained with the applicant in his illegal custody.
Learned counsel for the first informant argued that although the victim has married the applicant and the fact is not disputed by the first informant but as of now the victim is living with the first informant as the applicant is in jail. It is further submitted by him that as per his instructions he has no specific instructions to oppose the bail application.
After hearing the counsel for the parties and perusing the record, it is apparent that the victim is a major and can very well understand worldly things, she eloped with the applicant and lived with him for about a year.
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-Tauseef 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 :- 25.5.2021 Gaurav Digitally signed by Justice Samit Gopal Date: 2021.05.26 11:26:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad