High Court
Case Details
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27220 of 2022 Applicant :- Vakeel Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Legal Reasoning
Heard learned counsel for the applicant, Sri Hemand Sharma, counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. This bail application has been filed by the applicant seeking bail in Case Crime No. 752 of 2021, under Sections 363, 376 IPC and 3/4 of POCSO Act, Police Station- Gulaothi, District- Bulandshahr, during pendency of trial. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that prosecutrix is a major girl aged about 21 years and she had fallen in love with the applicant and on 7.11.2021, they have performed court marriage out of her own free-will and volition and the same has also been registered in District Court, Ghaziabad. Earlier also the first information report was lodged by the father of the prosecutrix against the applicant, in which, he has already been released on bail. After being released on bail, the prosecutrix again started living with the applicant and, as such, the instant first information report has again been lodged by the first informant. Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Section 164 Cr.P.C., in which, she has categorically stated that she is not 16 years of age but infact is 21 years of age and is a major girl. She has married the applicant on 7.11.2021 and her marriage has also been registered. She has further stated that the said marriage was performed out of her own free-will and consent and she wants to stay with her husband, who has not committed any indecent act with her. Learned counsel for the applicant has next submitted that applicant is in jail since 21.3.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail. Per contra, learned A.G.A. as well as counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the prosecutrix had already been married with the applicant, in respect of which, earlier first information report was also lodged by the father of the prosecutirix. The applicant is in jail since 21.3.2022 and has no criminal history to his credit. Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that prosecutrix is a major girl aged about 21 years and she had fallen in love with the applicant and on 7.11.2021, they have performed court marriage out of her own free-will and volition and the same has also been registered in District Court, Ghaziabad. Earlier also the first information report was lodged by the father of the prosecutrix against the applicant, in which, he has already been released on bail. After being released on bail, the prosecutrix again started living with the applicant and, as such, the instant first information report has again been lodged by the first informant. Even in the statement of the prosecutrix recorded under Section 164 Cr.P.C., in which, she has categorically stated that she is not 16 years of age but infact is 21 years of age and is a major girl. She has married the applicant on 7.11.2021 and her marriage has also been registered. In view of the above, prima facie a case for bail is made out. Furthermore, the applicant is in jail since 21.3.2022 and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. Let the applicant Vakeel be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:- (1). 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. (2). 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. (3). 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 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. (4). 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. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. The bail application is accordingly allowed. Order Date :- 13.7.2022 KU Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.07.13 16:08:10 IST Reason: Location: High Court of Judicature at Allahabad