Tinku v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47991 of 2023 Applicant :- Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.,Sonu Kumar Tiwari Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Shyam Babu Vaish, learned counsel for the applicant, Sri Sonu Kumar Tiwari, learned counsel for the first informant, Sri Bare Lal Bind, learned AGA for the State and perused the material on record.

¶3Sri Sonu Kumar Tiwari submits that he has filed his vakalatnama on behalf of the first informant in the office on 08.11.2023. The same is not on record. Office to trace it out and place the same on record and make a note about it in the order sheet.

¶4This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Tinku, seeking enlargement on bail during trial in connection with Case Crime No. 1003 of 2023, under Sections 376, 313, 323, 504, 506 I.P.C. registered at P.S. Quarsi, District Aligarh.

¶5The F.I.R. of the matter was lodged on 28.09.2023 by the victim herself against the applicant and four other accused persons alleging therein that she was in relationship with the applicant since last four years on false promise to marry her. She lived with him at various hotels and other places and they used to roam about. In between she became pregnant thrice but her pregnancy was got aborted. The applicant was previously married. When she pressurized him to marry, he assaulted her.

¶6Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major woman aged about 26 years and the relationship between the two was consensual. It is further argued that the victim denied her medical examination. It is argued that the applicant is previously married person. It is argued that the story as narrated in the F.I.R. and in statement of the victim is totally concocted and is exaggerated story. The applicant has no other criminal antecedents as stated in para-7 of the affidavit and is in jail since 28.09.2023.

¶7Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and argued that the applicant is named in the F.I.R. and there are allegations against him.

¶8After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major woman aged about 26 years. Relationship appears to be a consensual relationship on false promise to marry.

¶9Looking 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.

¶10Let the applicant-Tinku, 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.

¶11The 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.

¶12The bail application is allowed. (Samit Gopal,J.) Order Date :- 28.11.2023 Naresh High Court of Judicature at Allahabad