Allahabad High Court
Shakeel vs State Of U.P. on 26 July, 2021
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- BAIL No. - 2533 of 2020
Applicant :- Shakeel
Opposite Party :- State of U.P.
Counsel for Applicant :- Israt Ali,Jalaj Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P.
The present bail application has been filed on behalf of the applicant-Shakeel seeking bail in Case Crime No. 431 of 2019, under Sections- 376 & 506 I.P.C., Police Station -Gola, District - Lakhimpur Kheri.
Learned counsel for applicant submitted that no offence under Sections 376 & 506 IPC against the applicant is made out as the informant/victim was in love affair with the applicant and on account of the same, physical relationship was developed. The informant/ victim herself admitted this aspect of the case. It is stated that due to some difference between the parties, the relationship was broken out and being annoyed, informant/ victim has lodged an F.I.R. against the applicant mentioning therein that on account of false promise of marriage, accused-applicant made physical relation with her. It is also stated that in facts and circumstances of the case as also considering the judgment of Hon'ble Apex Court passed in the case of Sonu @ Subhash Kumar vs. State of U.P. & Anr., no offence is made out against the applicant.
He submitted that as per medical opinion, the informant/ victim is major and aged about 18-20 years old and she also admits that her age is 18 years, as appears from the F.I.R. itself. In view of age of the informant/ victim, she is mature enough to understand the relationship between the parties. Moreover, he submitted that the medical opinion does not support the story of the prosecution. He also submitted that the applicant is in jail since 27.07.2019 and he has no criminal history. Prayer is to allow the application for bail.
Learned A.G.A. has opposed the prayer for grant of bail, however, could not dispute the aforesaid aspects of the case particularly the age of the informant/ victim and the arguments raised by the learned counsel for applicant, based on medical opinion as also the admitted facts that the informant/ victim was having affair with the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties particularly the period of relationship, as stated in F.I.R., and medical opinion as also that the applicant is in jail since 27.07.2019 and issue of false promise of marriage from very inception was with the intention to deceive the informant/ victim is subject matter of trial, without expressing any opinion on the merit of the case, prima facie, the contention of the counsel for the applicant appears to be correct, as such, I find it to be a fit case for granting bail.
Let applicant-Shakeel, be released on bail in aforesaid Case Crime Number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 his 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 his, 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 his in accordance with law.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
This order shall not influence the trial Court for proceeding with the trial.
The application stands disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 26.7.2021
Vinay/-
