Allahabad High Court
Pradeep Patel (As Per Fir) Pradeep Kumar vs State Of U.P. on 17 March, 2021
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- BAIL No. - 3241 of 2021 Applicant :- Pradeep Patel (As Per Fir) Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Verma,Hari Krishna Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that no such incident took place as alleged in the F.I.R. The prosecutrix has falsely implicated the present accused-applicant as well as other accused persons just to illegally extort some money. It is further submitted that she married with the co-accused namely Pankaj with whom she was in relationship. The marriage certificate is on record. The consent, connivance and willingness of the prosecutrix is evident from several photographs of the prosecutrix with the co-accused Pankaj Sharma. The photographs are also on record.
It is further submitted that the co-accused Pankaj Sharma has moved applications dated 20.8.2020 and 26.08.2020 regarding missing of the prosecutrix with the allegation that she ran away with the jewelery etc. In the second application he made several accusations against the prosecutrix and her husband and specific allegation that they (prosecutrix and her alleged husband Arun Yadav) are indulging in extortion and conspiring together by levelling false allegations against the innocent persons.
It is further submitted that no obscene video made by the accused-applicant has been found by the investigating officer and the charge sheet in the matter has been filed in a casual manner. The applicant is languishing in jail since 10.10.2020 without having any criminal history.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the fact that the applicant is languishing in jail since 10.10.2020 without having criminal history and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Pradeep Patel, involved in Case Crime/F.I.R. No. 664/2020, under Sections 376-D/506 IPC, Police Station - Chinhat, District - Lucknow, be released on bail on his 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 the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(v) 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.
(vi) 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. is issued and the 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 of the Indian Penal Code.
Order Date :- 17.3.2021 R.C.