Prem Shankar v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50227 of 2023 Applicant :- Prem Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Sanjay Singh, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Prem Shankar, seeking enlargement on bail during trial in connection with Case Crime No. 146 of 2023, under Sections 313, 323, 328, 343, 376, 420, 506 I.P.C., Police Station Gandhi Park, District Aligarh.

¶4The first information report of the present matter was lodged on 29.03.2023 by the victim against the applicant and 03 other persons alleging therein the applicant Prem Shankar got her married to himself by threatening and signing on blank papers. He also got her pregnancy aborted twice. She used to be assaulted and beaten by him. The applicant along with his brothers and mother is involved in illegal works.

¶5Learned counsel for the applicant argued that the victim is a major woman. It is argued that the applicant had married the victim on 29.10.2018 from Arya Samaj Mandir, Kanwariganj, Aligarh but due to dispute between them, an application dated 22.06.2019 was moved before the Secretary Legal Tribunal, Aligarh for settlement at a pre-litigation stage. The said application has been placed before the Court which is annexed as Annexure-3 to the affidavit. It is argued that the allegations in the present case are false and incorrect. It is argued that the victim and the applicant had then patched up their dispute and an affidavit was given by the victim on 10.07.2019. The present first information report has been lodged after the same when some dispute again cropped up between them. It is argued that the applicant although has criminal history of two cases but the same are of the year 2012 in which he is on bail. Paragraph 18 has been placed for the same. The applicant is in jail since 24.08.2023.

¶6Per contra, learned counsel for the State opposed the prayer for bail.

¶7After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman. There arose some dispute between the victim and the applicant hence the present first information report has been lodged.

¶8Looking 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.

¶9Let the applicant-Prem Shankar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members) 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.

¶10The 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.

¶11The bail application is allowed. Order Date :- 23.11.2023 AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad High Court of Judicature at Allahabad