Allahabad High Court
Shoebuddin Alias Shoebuddin Ahmad vs State Of U.P. Thru. Prin. Secy. Home Lko ... on 10 November, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10172 of 2022 Applicant :- Shoebuddin Alias Shoebuddin Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0196 of 2022, under Sections 376 and 506 IPC lodged at Police Station Ghazipur, District Lucknow.
3. In compliance of the order dated 31.10.2022, the prosecutrix is present along with Sub-Inspector Mr. Akhilesh Kumar and Constable Ms. Dimple Verma.
4. The prosecutrix has made her stand clear that she does not want to marry the accused-applicant.
5. Allegation in the FIR, against the accused-applicant, is that he established physical relation with the prosecutrix on pretext of marrying her; the accused-applicant clicked some indecent photographs of the prosecutrix and also made video; when the prosecutrix asked the accused-applicant to perform Nikah with her then on 03.03.2022, at around 3.30 p.m., the accused-applicant assaulted the prosecutrix and told her that he would not perform Nikah with her; even family members of the accused-applicant refused to get Nikah performed with the prosecutrix. It is further alleged that the accused-applicant had been exploiting the prosecutrix for the last three years and threatening her also.
6. On the basis of instructions, learned counsel for the accused-applicant submits that the accused-applicant is ready to perform Nikah with the prosecutrix, but the demands raised by the prosecutrix as a condition precedent for performing Nikah are beyond reach of the accused-applicant. It is further submitted that the accused-applicant does odd jobs and hardly earns Rs.15,000-20,000 per month and he is not in a position to fulfill the high demands of the prosecutrix for which reasons the prosecutrix herself does not want to perform Nikah with the accused-applicant and a false FIR has been registered against the accused-applicant.
7. The prosecutrix is a matured woman of 30 years of age. She knows her welfare. She established physical relation with the accused-applicant. Considering these facts and also taking into consideration that the accused-applicant is in jail since 28.06.2022, this Court deems it appropriate to enlarge the accused-applicant on bail.
8. Let applicant-Shoebuddin alias Shoebuddin Ahmad, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant shall not give threat of any kind to the prosecutrix and will not establish any kind of contact with her;
(i-a) the applicant(s) 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;
(ii). the applicant(s) 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;
(iii). in case, the applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
9. In case of breach of any of the conditions, prescribed above, the learned trial Court itself would be entitled to cancel the bail of the accused-applicant.
Order Date :- 10.11.2022 MVS/-