Allahabad High Court
Ayaj vs State Of U.P. on 4 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44154 of 2022
Applicant :- Ayaj
Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Pandey
Counsel for Opposite Party :- G.A.,Ravindra Pratap Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The order dated 13.10.2022 interim bail was granted to the applicant by the Co-ordinate Bench of this Court is as follows:-
"Applicant has been implicated in Case Crime No.682 of 2022, under Sections 376, 506 IPC, Police Station Civil Lines, District Moradabad wherein the allegation is that on the pretext of marriage the offence of rape has been committed upon the applicant. The FIR allegation has been supported by the victim in her statement under section 164 Cr.P.C.
The present bail application has been filed on the ground that family members of applicant have agreed to get the marriage of applicant solemnized with the victim and in that circumstance the applicant be enlarged on bail.
Counter affidavit has also been filed by the victim wherein reference is made of a compromise between the parties. It appears that before the court below also the parents of the applicant had undertaken to get the marriage of victim solemnized with the applicant.
The victim/informant is present in the Court and she says that there is every hope that the applicant will solemnize marriage with her.
In the above facts and circumstances the applicant be enlarged on interim bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, for a period of four weeks, so that the promise of marriage is duly honoured by the applicant within such period. The prayer for grant of regular bail would be considered on the next date fixed.
List this case on 21.11.2022, as fresh, by when an affidavit would be filed by the applicant disclosing the current status in the matter.
It shall be open for the parties to mention the matter on the next date fixed."
In pursuance of the abovementioned order, a supplementary affidavit has been filed by the learned counsel for the applicant annexing therein a marriage certificate dated 16.11.2022 issued by the Registration Officer Moradabad regarding marriage of applicant with the victim.
In view of the above, the interim bail granted to the applicant is directed to be made regular.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant-Ayaj, involved in Case Crime No.682 of 2022, under Sections- 376, 506 IPC, Police Station-Civil Lines, District-Moradabad, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 4.1.2023
Jyotsana
