Allahabad High Court
Pradeep Kumar @ Sandeep vs State Of U.P. on 30 May, 2022
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10710 of 2021
Applicant :- Pradeep Kumar @ Sandeep
Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Singh,Arvind Pratap Singh
Counsel for Opposite Party :- G.A
Hon'ble Dinesh Kumar Singh,J.
1. Mr. Santosh Kumar Singh, Advocate puts in appearance and files his Vakalatnama on behalf of the complainant. Let the same be taken on record.
2. Heard learned counsel for the parties and gone through the entire record.
3. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0257 of 2021, under Sections 376, 323, 504 and 506 IPC lodged at Police Station Cantt., District Ayodhya.
4. Allegation against the accused-applicant is that on pretext of marrying the prosecutrix he established physical/sexual relation with her; he promised the prosecutrix to perform marriage with her after lock-down gets over, which was clamped because of COVID-19; after lock-down got over, the prosecutrix asked the accused-applicant to perform marriage, however, he abused her and said that he would not marry her.
5. In compliance of the order dated 20.05.2022 passed by this Court, prosecutrix has been brought and produced before this Court by SI Mr. Shivanand Yadav and Female Constable Ms. Dauli Yadav.
6. The prosecutrix has been asked by the Court whether she is willing to marry the accused-applicant on which she has categorically stated that she does not want to marry the accused-applicant at this stage as she does not have trust him any-more.
7. The FIR came to be registered when allegedly the accused-applicant refused to marry the prosecutrix. Now the accused-applicant is ready and willing to marry the prosecutrix, however, the prosecutrix is not willing to marry him.
8. Learned counsel for the accused-applicant submits that the case is covered by judgment rendered by the Supreme Court reported in (2013) 7 SCC 675 (Deepak Gulati Vs. State of Haryana). The learned counsel further submits that once the accused-applicant is ready and willing to marry the prosecutrix, who has refused to marry him, the accused-applicant may be enlarged on bail.
9. I find some substance in argument advanced by the learned counsel for the accused-applicant and direct that applicant-Pradeep Kumar @ Sandeep, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 30.5.2022
MVS/-
