High Court
Case Details
Neutral Citation No. - 2023:AHC:166074 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35875 of 2023 Applicant :- Mahesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Kuntal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Legal Reasoning
1. Sri Mukesh Baghel has filed Vakalatnama on behalf of the first informant today in the Court which is taken on record.
Legal Reasoning
2. Heard Sri Mahesh Kumar Kuntal, learned counsel for the applicant, Sri Mukesh Baghel, learned counsel for the first informant and Sri Ajai Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mahesh Singh seeking enlargement on bail during trial in connection with Case Crime No. 180 of 2023, under Sections 376, 406, 323, 509, 506 I.P.C., Police Station Malpura, District Agra. 4. The F.I.R. of the present matter has been lodged by the victim against the applicant alleging therein that her husband Deenaram died on 16.11.2015 after which she became without any support and started working in a shoe factory earning livelihood. In the meantime, she met the applicant who on his sweet talks came close to her and stated to marry with her. He forcibly established physical relationship and also stole her jewellery and money. In the meantime, while establishing physical relationship he captured her photographs and made videos. When she asked him to marry, he refused. He has threatened her of making the video viral. 5. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is argued that on the showing of the victim in the first information report she is a married lady having children. Further in her statement recorded under section 161 Cr.P.C. she discloses her age as 30 years and states of having three children. It is argued that as such the victim is a major. It is argued that the allegation in the F.I.R. are totally false, concocted and baseless. The investigation has concluded and a charge sheet has been submitted on 06.07.2023. Para 11 of the affidavit has been placed before the Court. While placing para 12 of the affidavit, it is argued that during investigation no photograph or video as has been sought to be recorded was recovered from the possession or pointing out of the applicant. It is further argued that the relationship between the applicant and the victim was consensual relationship. There was some discussion with regard to marriage but since the same was not materialized the present F.I.R. has been lodged. It is further argued while placing para 13 of the affidavit that the applicant has no criminal history, he is in jail since 28.06.2023. 6. Per contra, learned counsel for the first informant and learned counsel for the State have vehemently opposed the the prayer for bail. It is argued that the applicant is named in the F.I.R., the statement of the victim was recorded under section 161 Cr.P.C. and 164 Cr.P.C. and there is allegation of forcibly establishing physical relationship with her. It is argued that the applicant is thus involved in the matter and after the victim told him to marry since he made a promise to marry he refused to marry. 7. After hearing the learned counsel for the parties and perusing the record, it is evident that the victim is a widow having three children. The relationship between the victim and applicant was on some discussion between them for marriage which could not materialize. 8. 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. 9. Let the applicant Mahesh Singh 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 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 I.P.C. (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 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 and the trial court may proceed against him under Section 229- A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed. Order Date :- 17.8.2023 K.K. Maurya (Samit Gopal,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad