Ajay Kumar Gautam v. State Of U.P. Thru. Prin. Secy. Home Sectt. Lko

with her, but he failed to honour his commitment. Learned counsel for the applicant vehemently submits that the victim, who is a major lady, has herself alleged in the F.I.R. that she was in relation with the applicant since last 5 years. Submission of the learned counsel for the applicant is that the marriage of the applicant was settled with someone else, but the victim was insisting for marriage, but when the family members of the applicant denied for the same, she lodged the F.I.R. It is next submitted that the charge sheet has already been filed and there is no possibility of tampering of any evidence. It is lastly 2 BAIL No. 9366 of 2025 submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since

25.06.2025. Learned counsel for the applicant, relying on the decision of Hon'ble Supreme Court in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra, (2019) 9 SCC 608, submits that the applicant may be enlarged on bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that as per the prosecution case, the assurance of marriage was given by the applicant to the victim.

Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R. and other relevant documents, including the decision relied by the learned counsel for the applicant, it is evident that the victim is a prudent and major lady. It is also evident that the victim, in her statement, stated that she was physically abused by the applicant since last 5 years on the pretext of marriage. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail.

Let applicant -Ajay Kumar Gautam be released on bail in F.I.R. No. 217 of 2025, 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 not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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 3 BAIL No. 9366 of 2025 any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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. may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. October 6, 2025 VKS (Rajeev Singh,J.)