Allahabad High Court
Kailash @ Chatur Singh vs State Of U.P. on 17 July, 2023
Bench: Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141754
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30904 of 2023
Applicant :- Kailash @ Chatur Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard learned counsel for applicant and learned A.G.A. for the State.
2. The present bail application has been filed by the applicant seeking bail in case crime no. 185 of 2023, under Sections 363, 366 and 368 I.P.C., at Police Station- Auraiya, District- Auraiya.
3. As per the prosecution case, the applicant in connivance with other family members including the main accused Himanchal Singh abducted the minor daughter of the first informant; the matter was investigated and charge-sheet was submitted against the co-accused and not against the present applicant.
4. It is contended on behalf of the applicant that he has been falsely implicated in this case for the reason that his real brother was having an affair with the daughter of the first informant; it is pointed out that after investigation, the Investigating Officer did not find sufficient evidence and therefore, did not file any charge-sheet against him; later on, on the basis of the statement given by first informant, the applicant has been summoned under Section 319 Cr.P.C.; it is further contended that the order passed on the basis of one sided statement of P.W.-1, there was not enough evidence against him; it is next contended that the High Court passed an order in favour of the applicant directing the concerned court not to take any coercive steps against him; however, later on, on the basis of the judgment of the Hon'ble Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd. and Another vs. Central Bureau of Investigation, reported in 2018 (16) SCC 299, process has been issued against him, therefore, he had surrendered before the court concerned. It is next contended on behalf of the applicant that so called victim got married to his brother and now living happily with him in matrimonial relation-ship and nothing of the sort happened as alleged by the prosecution.
5. The application for bail is opposed by learned A.G.A., however it is conceded that after investigation charge-sheet was not submitted against the applicant and he was summoned under Section 319 Cr.P.C. and is in custody.
6. I considered all the facts and circumstances of the case including explanatory defence offered by the applicant. In my view, a case for bail is made out.
7. Let applicant -Kailash @ Chatur Singh be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) hearing/framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception.
8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.
Order Date :- 17.7.2023
Akbar
