Allahabad High Court
Jamshed @ Raju Arya vs State Of U.P. on 3 August, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 4672 of 2020 Applicant :- Jamshed @ Raju Arya Opposite Party :- State of U.P. Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as Mr. Aniruddh Kumar Singh, learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in F.I.R. No.29 of 2020, under Sections 366, 376, 343, 506 I.P.C., Police Station Patranga, District Ayodhya, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that the applicant and the prosecutrix were in love and the prosecutrix went with the applicant on her own and she is a major girl. Thereafter, on 27.02.2020, the applicant converted his religion and adopted hindu religion and entered into marriage with the prosecutrix at Arya Samaj Mandir, Aliganj, Lucknow, and he also relied on the conversion certificate as well as marriage certificate appended as annexure No.7 to the bail application collectively. He also submitted that relation of the applicant and the prosecutrix was not accepted to her father, as a result, F.I.R. in question was lodged on 27.02.2020 on the basis of incorrect and concocted facts. He also submitted that the prosecutrix was recovered on 01.03.2020 and thereafter, her statement under Sections 161 as well as 164 Cr.P.C. was recorded and she was also medically examined.
Learned counsel for the applicant has further submitted that under the pressure of the family members, the prosecutrix supported the prosecution version. He also submitted that marriage certificate as well as conversion certificate and marriage photos (collectively appended as annexure No.7 to the bail application) reveals that they entered into the marriage and the prosecutrix is a legally wedded wife of the applicant and she was not kidnapped. He also submitted that the applicant surrendered before the court below and he is in jail since 03.03.2020 and after investigation, charge sheet was filed.
Learned counsel for the applicant has further submitted that earlier, the applicant was implicated in two other cases on the basis of concocted facts as mentioned in para No.13 of the bail application i.e. Case Crime No.86 of 2019, under Sections 452, 454A I.P.C. and Sections 7/8 POCSO Act, P.S. Dariyabad, District Barabanki and Case Crime No.38 of 2018, under Sections 376, 147, 148, 323, 504, 506 I.P.C. and Sections 3/4 of POCSO Act, P.S. Patranga, District Ayodhya and he is on bail in all the cases. He also submitted that as the charge sheet is already filed and there is no possibility for tampering of any evidence. Therefore, the applicant is also entitled for bail.
Learned A.G.A. has opposed the prayer of bail of the applicant and submitted that the applicant is having criminal antecedent of identical crime and in the present case, the statement of prosecutrix was recorded under Sections 161 & 164 Cr.P.C. in which she categorically supported the prosecution version and stated that she was abducted by the applicant. Therefore, the applicant is not entitled for bail.
Considering the arguments of learned counsel for the applicant as well as learned A.G.A. and going through the contents of the F.I.R., statement of the prosecutrix recorded under Sections 161 & 164 Cr.P.C. and the criminal antecedent of the applicant, no case for bail is made out.
Accordingly, the bail application is hereby rejected.
Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournments of the parties.
The Senior Superintendent of Police, Ayodhya as well as the Joint Director of Prosecution, Ayodhya are directed to ensure the presence of witnesses before the trial court.
Office is directed to communicate this order to the trial court as well as the authorities concerned for its necessary compliance forthwith.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and 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 :- 3.8.2021 S. Shivhare