Allahabad High Court
Udaibhan Chaudhary vs State Of U.P. on 1 April, 2022
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 356 of 2022
Applicant :- Udaibhan Chaudhary
Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava,Bakhteyar Yusuf
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Ravindra Prakash Srivastava, the learned counsel for applicant and the learned AGA for State.
2. This bail application has been filed by applicant, Udaibhan Chaudhary seeking his enlargement on bail in Case Crime No.242 of 2021, under Section 376 IPC, Police Station Lalganj, District Basti, during pendency of trial.
3. Perused the record.
4. Record shows that the first informant, Smt. Malti Yadav (prosecutrix) lodged an FIR dated 06.11.2021 which was registered as Case Crime No.0242 of 2021, under Section 376 IPC, Police Station Lalganj, District Basti. In the aforesaid FIR applicant, Udaibhan Chaudhary has been nominated as solitary named accused.
5. The gravamen of the allegations made in the FIR is that the applicant on the false promise of marriage has continuously and repeatedly dislodged the modesty of the prosecutrix.
6. After registration of the aforementioned FIR, investigating officer proceeded with statutory investigation of aforementioned case crime number in terms of Chapter XII CrPC. On the basis of statement of witnesses examined under Section 161 CrPC and other material collected by the investigating officer during course of investigation, he opined to submit a chargesheet. Accordingly the investigating officer submitted the chargesheet dated 01.12.2021 whereby the applicant has been chargesheeted under Section 376 IPC.
7. Learned counsel for the applicant contends that though applicant is a named as well as a chargesheeted accused but he is innocent. He has been falsely implicated. The allegations made in the FIR are false and concocted. As such, the applicant is being falsely prosecuted in aforementioned case crime number. It is then contended that the prosecutrix has refused her medical examination. As such, there is no medical evidence to support the prosecution story. The prosecutrix in her statements under Sections 161/164 CrPC has supported the prosecution story. However, the crux of the matter is that the prosecutrix is major. She is a consenting party. On the issue with regard to false promise of marriage, learned counsel for applicant has invited attention of the Court to the judgments of the Supreme Court in Pramod Suryabhan Pawar Vs. State of Maharashtra and another, (2019) 9 SCC 608 and Maheshwar Tigga Vs. State of Jharkhand, (2020) 10 SCC 108 and he submits that no offence under Section 376 IPC can be said to have been committed by applicant on the ground of false promise of marriage. It is then contended that the applicant is a man of clean antecedents inasmuch as he has no criminal history to his credit except the present one. Applicant is in jail since 16.11.2021. As such, he has undergone four months of incarceration. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall cooperate with the trial.
8. Per contra, the learned AGA has opposed the present application for bail. He contends that since the applicant is a named as well as chargesheeted accused, no indulgence be granted by this Court in his favour. However, he could not dispute the factual and legal submissions urged by the learned counsel for applicant.
9. Having heard learned counsel for applicant, learned AGA for State, upon consideration of evidence on record, accusations made as well as complicity of applicant but without expressing any opinion on merits of the case, applicant has made out a case for bail.
10. Accordingly, present bail application is allowed.
11. Let the applicant, Udaibhan Chaudhary involved in aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) Applicant will not tamper with prosecution evidence.
(ii) Applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) Applicant will not indulge in any unlawful activities.
(iv) Applicant will not misuse the liberty of bail in any manner whatsoever.
15. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of applicant and send him to prison.
Order Date :- 1.4.2022/Shahroz
