High Court
Case Details
Neutral Citation No. - 2025:AHC:51075 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4550 of 2025 Applicant :- Maqsood Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Maniji Bakhshi Counsel for Opposite Party :- Chandra Kant Tripathi,G.A.,Raman Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sandeep Maniji Bakhshi, learned counsel for the applicant, Sri Chandra Kant Tripathi, learned counsel for the first informant and Sri Devendra Nath Mishra, learned counsel for the State and perused the material on records.
Legal Reasoning
3. The vakalatnama of Sri Chandra Kant Tripathi, is not on record, despite the fact that his name is printed in the cause list. 4. Office to trace out the same and place it on record and make a note in the order sheet about it. 5. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Maqsood seeking enlargement on bail during trial in connection with Case Crime No. 2 of 2025, under Sections 62, 64, 115(2) Bhartiya Nyaya Sanhita,2023, Police Station Sonha, District Basti. 6. The first information report of the present matter was lodged on 04.01.2025 by the victim against the applicant alleging therein that on 03.01.2025, the applicant who is her Dewar called her in the room on the pretext of giving him tea on which she went there wherein he caught hold of her hand and threw her on the bed and tried to force himself on her and tore her clothes, she opposed it vehemently and saved herself, after which, he assaulted her and tied to press her neck. She became unconscious, when she regained consciousness, she found herself in the hospital. 7. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant is Dewar of the first informant / victim. It is submitted that the applicant is aged about 19 years, paragraph 18 of the affidavit has been placed before this Court. It is further submitted that the marriage of the victim was solemnized with Mohd. Ali, the brother of applicant on 02.06.2020 after which, she went back to her maternal house and a case for restitution of conjugal rights was filed on 29.09.2021, subsequent to which, she returned back and then the said case was dismissed. It is submitted that the victim and her husband then decided to part themselves and a Talaknama was drawn on 27.02.2024 but subsequently, the dispute was settled and she returned back on 15.12.2024. It is submitted that the same goes to show that there had been matrimonial dispute between the victim / first informant and her husband, subsequent to her Nikah. It is submitted that the victim fell from the stairs in the house and received injuries for which, she was taken to the hospital and was given treatment but after three days of the same, the present first information report has been lodged alleging totally false and concocted allegations. It is further submitted that the delay in lodging of the first information report is unexplained. It is further submitted that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 05.01.2025. 8. Per contra, learned counsel for the State and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant is named in the F.I.R. and there are allegations against him. It is submitted that the doctor conducting the medical of the victim has stated that the injuries are of about 2-3 days old, which would corroborate with the date and time of the incident. It is submitted that the applicant has been assigned specific role in the present matter. It is further submitted that the injuries received by the victim corroborates with the prosecution story. The prayer for bail be rejected. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the Dewar of the victim / first informant. After marriage, there had been matrimonial discord several times between the victim and her husband and the same was settled between them. The applicant is having no criminal history. The first information report has been lodged after three days. 10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 11. Let the applicant- Maqsood, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (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 will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 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 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. 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 and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 13. The bail application is allowed.
Decision
14. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 8.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad