Allahabad High Court
Tara Bari vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 2 August, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:53146 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8251 of 2024 Applicant :- Tara Bari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Rahul Kumar Shukla,Shivam Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Rahul Dwivedi, Advocate, who has filed Vakalatnama on behalf of the complainant, which is taken on record.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.282 of 2024, under Sections 363, 366, 467, 468, 471, 420, 120B, 368 IPC, Police Station Chinhat, District Lucknow.
In the prosecution case, it is alleged that the daughter of the informant has been enticed away by the co-accused Varun. The present applicant got prepared forged Adhar Card by changing her date of birth and also fake birth certificate has been prepared by the present applicant and some other persons and showing her major she was produced before the SDM Sadar Lucknow.
Learned counsel for the applicant submits that the victim in her statement under Section 161 Cr.P.C. said that she on her own accord is residing with Varun. She has not been forced to live with him. Again while giving statement under Section 164 Cr.P.C. she has not supported the prosecution case and reiterated that she is residing with Varun on her own accord without any pressure and she is major. Thereafter another statement under Section 164 Cr.P.C. of the victim was recorded and this time also she said that she was residing with her own accord with Varun. When her brothers came to know they took her to Police Station, however, she was not allowed to go by the mother of Varun @ Vishnu. She asked the victim to come with her, therefore, she went with the Vishnu @ Varun. She stated that the lawyer got me married, however, I did not want to get married.
Learned counsel for the applicant submits that interim anticipatory bail application of the main accused Varun @ Vishu has been allowed by the Sessions Judge, Lucknow vide order dated 15.7.2024. The applicant has played no role of enticement of the victim, who is major and married. Only allegation agaisnt the applicant is that he has committed forgery while preparing the birth certificate and Aadhar card of the victim for which no evidence has been collected by the Investigating Officer.
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 counsel for the applicant submits that the applicant shall cooperate in the investigation.
Learned A.G.A. for the respondent State as well as learned counsel for the complainant have opposed the prayer for bail.
Perused the record.
On due consideration to the facts that the applicant is languishing in jail since 17.6.2024, he has no criminal history, undertaking that he shall cooperate in the investigation 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.
Accordingly, the bail application is allowed.
Let the applicantTara Bari be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:
(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 :- 2.8.2024 Madhu