Allahabad High Court
Sangram Singh @ Sangram Verma ... vs State Of U.P. Through The ... on 1 August, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2972 of 2022
Applicant :- Sangram Singh @ Sangram Verma (Second Bail Application)
Opposite Party :- State Of U.P. Through The Principal Secretary Home Department
Counsel for Applicant :- Farooq Ayoob
Counsel for Opposite Party :- G.A.,Rajesh Kumar,Suhail Kashif
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, Mr. Suhail Kashif, learned counsel for the complainant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 142 of 2017, under Sections-376, 323, 504 I.P.C., Police Station-Ram Sanehi Ghat, District-Barabanki.
This is the second bail application. First Criminal Misc. Bail Application No. 1271 of 2020 was rejected by this Court vide order dated 10.03.2022.
In the present bail application it has been stated that the witnesses of fact i.e. informant and victim have already been examined before the Trial Court and moreover, the statement of Doctor has also been recorded and the case before the Trial Court is fixed for argument and in this view of the matter, it is not possible for the applicant that after being released on bail he would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be.
In addition to above, it is stated that the applicant is in jail since 24.12.2019 and the foundation of the case of prosecution is breach of promise of marriage/ false promise of marriage and this has to be decided by the Court below based upon the evidence already available on record. However, if the applicant is released on bail at this stage of proceeding before the Trial Court, he would properly assist the Advocate concerned, who is appearing in the case. He submitted that considering the case of an accused against whom allegations were similar to the applicant the Hon'ble Apex Court enlarged him on bail. In this regard, reliance has been placed on the judgment dated 14.07.2022 passed by the Hon'ble Apex Court in the case of Ansaar Mohammad vs. The State of Rajasthan & Anr. reported in 2022 LiveLaw (SC) 599.
Learned A.G.A. as also Mr. Suhail Kashif, learned counsel for the complainant vehmentaly opposed the prayer for grant of bail, however, they could not dispute the above contention made by the learned counsel for the accused-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 and keeping in mind the fact that the informant and victim have already been examined before the Trial Court as also the judgment on the issue and period of incarceration and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Sangram Singh @ Sangram Verma be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 1.8.2022
Vinay/-
