Dharmendra Kumar Bind v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46564 of 2023 Applicant :- Dharmendra Kumar Bind Opposite Party :- State of U.P. Counsel for Applicant :- Bhaiya Lal Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Bhaiya Lal Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 172 of 2023, under Sections 376, 504, 506 IPC, Police Station Saray Inayat, District Prayagraj during pendency of the trial.

¶3FIR of the present case was lodged against applicant and two others and according to the FIR for last two years applicant under false promise of marriage was sexually exploiting the informant and thereafter he refused to perform marriage with her.

¶4Learned counsel for the applicant submitted that admittedly informant of the case is 20 years old lady and she is major and even from the FIR and her both the statements recorded during investigation it reflects that she was consenting party.

¶5He further submits that actually applicant and victim both were love affair but subsequently some dispute arose between both of them and thereafter FIR of the present case was lodged after two years. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 19.07.2023.

¶6Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that informant of the case is major lady and FIR of the present case was lodged after two years.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Although, in the FIR as well as in both the the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. there is allegation of sexual exploitation against the applicant under false promise of marriage but it appears that informant i.e. victim of the case is major lady aged about 20 year and her consent is reflected from the record.

¶9Further, FIR of the present case was lodged after two years and applicant is not having any criminal history and in the present matter he is in jail since 19.07.2023.

¶10Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant -Dharmendra Kumar Bind be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 2.11.2023 AK Pandey High Court of Judicature at Allahabad High Court of Judicature at Allahabad