Allahabad High Court
Adarsh Gangele vs State Of U.P. on 6 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33984 of 2022 Applicant :- Adarsh Gangele Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed to release the applicant on bail in case crime no.45 of 2022 under section 366, 328, 376 IPC, P.S. Mauranipur, District Jhansi.
According to prosecution version on 09.01.2022 when the complainant was away from his home, in the night at 9:00 pm, the accused persons namely Adarsh Gangele and Akash Gangele forcibly took away the daughter of the complainant when she went out of the house to attend the nature's call. The FIR was registered on 28.01.2022 U/s 366 IPC, after recording the statement of victim U/s 161 & 164 Cr.P.C., section 328, 323, 376 IPC has been added.
Learned counsel for the applicant contended that FIR has been lodged after 19 days of the incident without any proper explanation. The victim is major and also married. She has accepted this in her statement. The medical evidence does not corroborate the statement of the victim as mentioned in section 161 & 164 Cr.P.C. It is further contended that the material on record suggests that the relationship was consensual and the victim accompanied the accused on her own sweet will. She lived with them for a considerable period but later on, on a concocted version false FIR has been lodged. No offence is made out against the applicant. It is also contended that the applicant is innocent and has been falsely implicated. The applicant has no previous criminal history and is languishing in jail since15.03.2022. He undertakes that he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA opposed the prayer and submitted that the FIR has been lodged by the father of the victim. The complainant and the victim has corroborated the allegations of the FIR. The victim in her statement recorded U/s 164 Cr.P.C. has named the accused persons and their complicity in the offence. The offence is heinous nature. Hence bail is opposed.
Considering the rival submissions of the parties, the nature of the allegations made in the FIR, the evidence and other material available on record and all other attending facts and circumstances of the case, in view of this Court, a case for bail is made out.
Accordingly the bail application is allowed.
Let the applicant- Adarsh Gangele involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
3. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 6.1.2023 C. MANI