Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26963 of 2021 Applicant :- Yogendra Kumar Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sushil Dubey, learned counsel for the applicant, Sri Sanjay Singh, 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-Yogendra Kumar Gaud seeking enlargement on bail during trial in connection with Case Crime No.225 of 2021, under Sections 376, 506 IPC, registered at Police Station Chhatary, District Bulandshahr.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major lady and her date of birth as per high school mark sheet is 10.12.1997, copy of which is annexed as Annexure No.7 to the affidavit filed in support of bail application and as such she is a major lady. It is argued that the allegations in the FIR is that the applicant and the victim established physical relationship since 2018 on a false pretext of the applicant to marry the victim but later on applicant refused marrying her. It is argued that the victim submitted herself out of her own sweet-will to the applicant. The FIR has been registered against the applicant as there was some dispute regarding marriage between the applicant and the first informant who is the victim. It is argued that the victim has refused her medical examination done which has been noted by the doctor in the medico legal report, copy of the same is annexed as Annexure No.3 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 14 of the affidavit and is in jail since 24.5.2021.
Per contra learned A.G.A. has opposed the prayer for bail and argued that there are allegations against the applicant of establishing physical relationship with the victim on a false pretext of marriage, as such the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the victim is a major girl. She initially established physical relationship with the applicant on promise of marrying her but later on some dispute arose regarding marriage on which the applicant refused marrying her and then FIR has been registered against the applicant.
Looking to the facts and circumstances of this case, the nature of evidence 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-Yogendra Kumar Gaud, 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 :- 29.7.2021 Gaurav