Allahabad High Court
Arjun vs State Of U.P. on 8 July, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26897 of 2019
Applicant :- Arjun
Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Yogesh Kumar, learned counsel for the applicant and Sri P.K. Shahi, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Arjun with a prayer to enlarge him on bail in Case Crime No. 267 of 2019, under Section 363 I.P.C., Police Station-Kotwali Dehat, District-Bulandshahr, during the pendency of the trial.
It is submitted by learned counsel for the applicant that as per the allegations made in the first information report, on 3rd April, 2019 at 11:30 a.m. daughter of the informant, namely, Komal had gone to bank for withdrawing the money and when she did not return, the informant and other family members tried to search her but she could not be traced. During search, the informant came to know through the friend of victim that the victim and the applicant talked regularly on mobile phone to each other. Therefore, the informant and other family members had assured that the victim was enticed away by the applicant. In the statement recorded under Section 164 Cr.P.C. the victim has stated that when she was coming from bank, the applicant and one Sanjeev met her on the way and on the pretext of dropping her to her house, they took her on the motorcycle to the railway station and from where the applicant took her to Agra by train. On calling the father of the applicant, he took her to her house on 5th April, 2019. The victim has also stated that the applicant has not committed any offence upon her. It has further been argued by the learned counsel for the applicant that the real fact is that the victim had an affair with the applicant and she went along with the applicant to Agra by train on her own free will. It is impossible to believe that a grown up major girl can be taken in most crowded places against her will for such a long distance. There is no evidence that she ever protested or resisted the act of the applicant or made any complaint all this while. The victim was forced to give some incriminating statements against the applicant under coercive pressures. Overall circumstances of the case are that the parties are consenting. The victim has also refused to get herself medically examined. As per the medical examination report, she is 17 years old. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 10th April, 2019.
Per contra, the learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(Manju Rani Chauhan, J.)
Order Date :- 8.7.2019
Sushil/-
