Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25664 of 2021 Applicant :- Vinay Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Prakhar Saran Srivastava,Pradeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Let the supplementary affidavit filed today in Court be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 47 of 2021, under Sections 376, 323, 504, 506, 452 IPC, Police Station - Siddharth Nagar, District - Siddharth Nagar with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the alleged victim herself against the present accused applicant Vinay Kumar Singh. It was alleged in the FIR that the applicant forcibly entered the house of the complainant in the night of 7.2.2021 and beat the complainant and raped her, on objection being made the present accused had bitten on the entire face of the victim, disrobed her, caused unbearable pain to her by putting his right hand into her private part in front of the child, committed mar-pit inside the home and threatened to kill her and her children.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. The learned counsel for the applicant submits that the complainant was living with the present accused in live-in-relations since 4-5 years. Thereafter, an application was made by them to the Marriage Officer/Uppar Ziladhikari, Siddharth Nagar on 11.07.2018 for getting their marriage registered on the ground that they were living together and on the said application notices were issued to inquire about their marital status. It is further submitted that in the meantime a dispute arose between them and the alleged incident happened. It is then argued that the applicant is in jail since about six months and in case of being released on bail, he will not intimidate the victim or PWs and he will not threaten or approach the complainant to tamper with the evidence.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out on the condition that the applicant will not intimidate the victim or PWs and he will not threaten or approach the complainant to tamper with the evidence and in case the applicant forcibly approaches the alleged victim to tamper with the evidence or with any other bad intention, then, the Trial Court will beat liberty to cancel the bail given by this Court straightway.
The prayer for bail is granted. The application is allowed.
Let applicant Vinay Kumar Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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, self attested by the learned counsel for the applicant alongwith 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 :- 30.7.2021 LBY