Preetam v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24001 of 2023 Applicant :- Preetam Opposite Party :- State of U.P. Counsel for Applicant :- Ram Babu Singh,Bharat Singh,Indra Jit Singh Counsel for Opposite Party :- G.A.,Chandra Prakash Pandey,Raghvendra Tripathi Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard Sri O.P.Singh, learned Senior Counsel assisted by Sri Indra Jeet Singh learned counsel for the applicant, learned A.G.A for the State, Sri C.P.Pandey and Raghvendra Tripathi, learned counsel for the informant and perused the record.

¶2There is an allegation against the applicant that he was making pressure upon the deceased to make physical relation with him failing which, he would make her obscene photographs viral due to which, she had committed suicide.

¶3Learned counsel for the applicant submits that initially an application dated 30.10.2022 was given by the first informant/father of the deceased with the averments that on

29.10.2022 at about 05:00 P.M. her daughter, due to anger, had gone somewhere and on 30.10.2022 her body was found hanged on a tree in the agricultural field of one Siyaram. Learned counsel further argued that thereafter an application under Section 156 (3) Cr.P.C. was filed on 05.11.2022 pursuant to which, F.I.R. was registered against the applicant. He further submits that no photograph has been recovered on the basis of which the applicant was alleged to have blackmailing the deceased to make physical relation with him and that there is no suicide note available on the face of record, therefore no offence under Section 306 I.P.C. is made out against the applicant. Learned counsel further submits that when the informant was sure about the complicity of the applicant in commission of alleged offence, then he had to lodge F.I.R. instead of registering a missing report but after lodging missing report dated 30.10.2022, filed an application under Section 156 (3) Cr.P.C. on 05.11.2022 pursuant to which F.I.R. has been lodged, which itself demonstrate that the same has been registered after thorough consultation as well as due to ulterior motive. Apart from the aforesaid, there is a contradiction in the statement of the inquest witnesses. Learned counsel next argued that there is no direct or indirect evidence against the applicant to connect him in commission of alleged offence. It is thus contended that the applicant is innocent, who has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 06.04.2023, having no criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.

¶4Per contra, learned A.G.A. as well as learned counsel for the informant haveopposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶5After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶6Let applicant Preetam involved in Case Crime No.892 of 2022 under Section 306 I.P.C., Police Station Kannauj, District Kannauj, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(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.

¶7The 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 in accordance with law.

¶8The bail application is allowed. Order Date :- 28.10.2023 S.Ali High Court of Judicature at Allahabad