Allahabad High Court
Anil vs State Of U.P. on 5 April, 2023
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 474 of 2023 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
Heardlearned counsel for the applicant-accused and learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of the applicant-accused in Case Crime No.260 of 2022, under Sections 376, 323, 504 and 506 of I.P.C., P.S. Bilariyaganj, District Azamgarh with a prayer to enlarge him on bail.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that it is a case of false and malicious prosecution. It is submitted that from a perusal of the statement of the victim recorded under Sections 161 & 164 of Cr.P.C, it is apparent that she is consenting party. It is further submitted that as per the prosecution case, the applicant-accused has solemnised marriage with the victim. It is further submitted that earlier victim was married with one Muneeb in the year 2020, but due to love affair between the victim and applicant, Muneeb, earlier husband of the victim, filed Divorce Petition No.1202 of 2022 in the court of Principal Judge, Family Court, Azamgarh which is still pending, and in order to save her skin, the victim has falsely implicate the applicant in the present case levelling false allegation of rape against the applicant-accused. It is further submitted that though allegation of rape has been levelled against the applicant-accused, but the same is not corroborated by any medical evidence. It is submitted that the story set up by the prosecution is highly improbable. It is further submitted that the applicant-accused has not criminal history and is languishing in jail since 26.11.2022.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, the applicant does not deserve any indulgence. He further submits that in case the applicant is released on bail, he will misuse the liberty of bail.
Considering the entire facts and circumstances of the case, submission advanced by the learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court finds it a fit case to release the applicant on bail.
Accordingly, let applicant-Anil be released on bail in Case Crime No.260 of 2022, under Sections 376, 323, 504 and 506 of I.P.C., P.S. Bilariyaganj, District Azamgarh on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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 an abuse of liberty of bail and pass orders in accordance with law.
(iii) 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.
(iv) 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.
(v) The applicant 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
It is further directed that the identity, status and residence proof of the sureties be verified by the authority concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Accordingly, the bail application is allowed.
Order Date :- 5.4.2023 Sattyarth