Vishal Gupta v. State of U.P

Court No. -77 Case :-CRIMINAL MISC. BAIL APPLICATION No. -43424 of 2023 Applicant :-Vishal Gupta Opposite Party :-State of U.P. Counsel for Applicant :-Kumar Parikshit,Nitesh Vishwakarma Counsel for Opposite Party :-G.A. Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. The present first bail application has been filed on behalf of the applicant in Case Crime No. 178 of 2022, under Sections 363 and 366 I.P.C. Police Station Sikrara, District Jaunpur with the prayer to enlarge him on bail. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. He next submits that the alleged victim was major and she was in consensual relationship with the applicant. She used to talk with the applicant on instagram. She left her parental home on her own sweet will and gone with the applicant to Mumbai, thereafter went to Delhi and lived for 13 days with applicant's father, which is evident from her statement recorded under Sections 161 and 164 Cr.P.C. (Annexure nos. 4 & 5). He next submits that the prosecution witnesses have not supported the prosecution case and turned hostile. Applicant is languishing in jail since 20.1.2023 and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds. On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant. Considering the fact that the alleged victim was in love with the applicant, which is evident from her statement under sections 161 and 164 Cr.P.C. prosecution witnesses have not supported the prosecution case and become hostile, as per statement of victim she was major at the time of incident but father of the victim stated that she was minor, there was contradiction in the statements regarding age of the victim and without expressing any opinion on the merits of the case , accused-applicant is liable to be released on bail. Let applicant Vishal Gupta be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(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 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 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 also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 18.10.2023 Faridul High Court of Judicature at Allahabad