High Court

Applicant :- Guddu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Sharma,Aniket Srivastav,Sameer Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard learned counsel for the applicant, Sri Anil Sharma and Sri Ran Vijay Singh, learned AGA for the State and Sri Vivek Kumar Shukla, Advocate, who has filed 'Vakalatnama' on behalf of prosecutrix, same is taken on record.

2. This Court has passed order dated 21.11.2024 which reads as under : "Heard. This Court has passed the order dated 12.11.2024, which reads as under:- "Heard Sri Anil Sharma, learned counsel for the applicant and Sri Alok Singh, learned A.G.A. for the State. It has been contended by the learned counsel for the applicant that the applicant is in jail since 20.7.2024 in Case Crime No. 0191 of 2024 u/s 376, 120B, 328 IPC, P.S. Maharajganj, District Faizabad / Ayodhya. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. Learned counsel for the applicant has stated that the applicant is ready to marry with the prosecutrix and the prosecutrix is also willing to get married with him but on account of ill-advise the impugned F.I.R. has been lodged. So as to know the willingness of the prosecutrix as to whether she is agreeable for marriage or not her appearance would be required on the next date. List on 21.11.2024. On that date the Station House Officer, P.S. Mahrajganj, District Ayodhya (Faizabad) shall ensure the presence of the prosecutrix. The learned AGA shall intimate this order to the S.H.O., P.S. Mahrajganj, District Ayodhya (Faizabad) telephonically, whatsapp or e-mode within 48 hours for its compliance" In compliance of the aforesaid order, the prosecutrix (X) is present in person along with Sri Awadhesh Singh, Inspector and Ms. Vaishali Agrawal, Sub-Inspector of P.S. Maharajganj, District Ayodhya. The Police Officers have ensured the presence of the prosecutrix. The prosecutrix has stated that she is in affairs with the applicant and is ready to marry with him and is willing to live with him as his wife. The learned counsel for the applicant has stated that since he is in affairs with the prosecutrix, therefore, he is willing to marry with her and he shall arrange the social marriage after being released from jail and he shall get his marriage registered before the registering authority. Considering the aforesaid submissions of the learned counsel for the applicant and the prosecutrix, I find it appropriate that the applicant be released on interim bail for a period of three months. Let, the applicant-Guddu be released on interim bail for a period of three months in the aforesaid case crime number on his furnishing a personal bond and two sureties of Rs.20,000/- each. As soon as the present applicant is released from jail, he shall arrange the social marriage with the prosecutrix at the earliest preferably within a period of six weeks. As soon as their marriage is solemnized, both the applicant and prosecutrix shall get their marriage registered before the marriage registering authority at the earliest. The prosecutrix shall live with the applicant and the applicant shall look after the prosecutrix properly and shall take care of her providing all necessary means which are required to the wife. Besides the aforesaid conditions, the applicant shall follow the following conditions during the period of interim bail:- (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. 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 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 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 applicants fail 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. (iv) 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. (v) The applicant shall not leave India without previous permission of the Court. List this case on 06.03.2025. On that date, the applicant and the prosecutrix shall appear in person along with relevant documents to show that they have got married and got their marriage registered in terms of this order. Photocopies of those documents would be taken on record. In case, the present applicant flouts the aforesaid condition, his interim bail may be cancelled. On that date, considering the conduct of the applicant, the bail application may be disposed of finally."

3. In compliance of the aforesaid order the applicant Guddu and prosecutrix are present in person along with photocopy of the marriage registration certificate, same is taken on record.

4. The applicant and prosecutrix have informed that they have got married and living happily. The prosecutrix has further stated that the applicant is looking after her properly and she has no grievance against him.

5. Having considered the statement of the prosecutrix the interim bail order is made absolute on the same terms, conditions, bail bonds and surety which have been indicated in the aforesaid order dated 21.11.2024.

6. The applicant shall abide by all the aforesaid conditions and shall cooperate in the trial proceedings, failing which the bail order may be cancelled on the application being filed by the State.

7. Accordingly, bail application is allowed and the bail order dated 21.11.2024 is made absolute. . [Rajesh Singh Chauhan, J.] Order Date :- 6.3.2025 Om

Applicant :- Guddu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Sharma,Aniket Srivastav,Sameer Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard learned counsel for the applicant, Sri Anil Sharma and Sri Ran Vijay Singh, learned AGA for the State and Sri Vivek Kumar Shukla, Advocate, who has filed 'Vakalatnama' on behalf of prosecutrix, same is taken on record.

2. This Court has passed order dated 21.11.2024 which reads as under : "Heard. This Court has passed the order dated 12.11.2024, which reads as under:- "Heard Sri Anil Sharma, learned counsel for the applicant and Sri Alok Singh, learned A.G.A. for the State. It has been contended by the learned counsel for the applicant that the applicant is in jail since 20.7.2024 in Case Crime No. 0191 of 2024 u/s 376, 120B, 328 IPC, P.S. Maharajganj, District Faizabad / Ayodhya. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. Learned counsel for the applicant has stated that the applicant is ready to marry with the prosecutrix and the prosecutrix is also willing to get married with him but on account of ill-advise the impugned F.I.R. has been lodged. So as to know the willingness of the prosecutrix as to whether she is agreeable for marriage or not her appearance would be required on the next date. List on 21.11.2024. On that date the Station House Officer, P.S. Mahrajganj, District Ayodhya (Faizabad) shall ensure the presence of the prosecutrix. The learned AGA shall intimate this order to the S.H.O., P.S. Mahrajganj, District Ayodhya (Faizabad) telephonically, whatsapp or e-mode within 48 hours for its compliance" In compliance of the aforesaid order, the prosecutrix (X) is present in person along with Sri Awadhesh Singh, Inspector and Ms. Vaishali Agrawal, Sub-Inspector of P.S. Maharajganj, District Ayodhya. The Police Officers have ensured the presence of the prosecutrix. The prosecutrix has stated that she is in affairs with the applicant and is ready to marry with him and is willing to live with him as his wife. The learned counsel for the applicant has stated that since he is in affairs with the prosecutrix, therefore, he is willing to marry with her and he shall arrange the social marriage after being released from jail and he shall get his marriage registered before the registering authority. Considering the aforesaid submissions of the learned counsel for the applicant and the prosecutrix, I find it appropriate that the applicant be released on interim bail for a period of three months. Let, the applicant-Guddu be released on interim bail for a period of three months in the aforesaid case crime number on his furnishing a personal bond and two sureties of Rs.20,000/- each. As soon as the present applicant is released from jail, he shall arrange the social marriage with the prosecutrix at the earliest preferably within a period of six weeks. As soon as their marriage is solemnized, both the applicant and prosecutrix shall get their marriage registered before the marriage registering authority at the earliest. The prosecutrix shall live with the applicant and the applicant shall look after the prosecutrix properly and shall take care of her providing all necessary means which are required to the wife. Besides the aforesaid conditions, the applicant shall follow the following conditions during the period of interim bail:- (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. 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 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 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 applicants fail 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. (iv) 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. (v) The applicant shall not leave India without previous permission of the Court. List this case on 06.03.2025. On that date, the applicant and the prosecutrix shall appear in person along with relevant documents to show that they have got married and got their marriage registered in terms of this order. Photocopies of those documents would be taken on record. In case, the present applicant flouts the aforesaid condition, his interim bail may be cancelled. On that date, considering the conduct of the applicant, the bail application may be disposed of finally."

3. In compliance of the aforesaid order the applicant Guddu and prosecutrix are present in person along with photocopy of the marriage registration certificate, same is taken on record.

4. The applicant and prosecutrix have informed that they have got married and living happily. The prosecutrix has further stated that the applicant is looking after her properly and she has no grievance against him.

5. Having considered the statement of the prosecutrix the interim bail order is made absolute on the same terms, conditions, bail bonds and surety which have been indicated in the aforesaid order dated 21.11.2024.

6. The applicant shall abide by all the aforesaid conditions and shall cooperate in the trial proceedings, failing which the bail order may be cancelled on the application being filed by the State.

7. Accordingly, bail application is allowed and the bail order dated 21.11.2024 is made absolute. . [Rajesh Singh Chauhan, J.] Order Date :- 6.3.2025 Om