Allahabad High Court
Bhura @ Rajkumar vs State Of U.P. Thru Secy. Home ... on 17 July, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:46542
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13203 of 2022
Applicant :- Bhura @ Rajkumar
Opposite Party :- State Of U.P. Thru Secy. Home Lucknow
Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 21.10.2022 passed in Criminal Misc. Bail Application No.12350 of 2022.
3. It is alleged in the first information report that the victim was married and her husband was died 11 years ago. She has three children. It is also alleged that a relationship was also developed in between the victim and the applicant. It is also alleged that in the garb of promise to marry, the applicant and the victim entered into a physical relationship and now the applicant refuse to marry. It is also alleged that the victim went to Ludhiyana for livelihood. The applicant also reached there and after saying everyone that they are husband and wife lived with the victim. The victim become pregnant. The FIR in question was lodged through an application under Section 156(3) of Cr.P.C. on 14.03.2022. The date of incident is mentioned as 14.04.2021.
4. The Counsel for the applicant argues that the entire allegation in the FIR is that the applicant exploited the victim on the false pretext of marriage. He places reliance on the judgment of the Supreme Court rendered in the case of Pramod Suryabhan Pawar vs The State Of Maharashtra, (Criminal Appeal No.1165 of 2019 arising out of SLP (Crl) No.2712 of 2019, decided on 21.08.2019.
5. Learned A.G.A. vehemently opposed the bail prayer.
6. Considering the averment made in the FIR, there is no denial of the fact that prima facie, the relationship in between the applicant and the victim was consensual, at this stage, this Court cannot go into the sufficiency of evidence with regard to false pretext of marriage, the fact that the applicant is in custody since 10.08.2022 and has no criminal antecedents and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
7. Accordingly, the bail application is allowed.
8. Let the applicant Bhura @ Rajkumar be released on bail in FIR/ Case Crime No.0067 of 2022, under Sections 376, 313, 323 IPC, Police Station Baghauli, District Hardoi on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 17.7.2023
akverma
