Shailesh v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52203 of 2023 Applicant :- Shailesh Opposite Party :- State of U.P. Counsel for Applicant :- Harendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2The allegation against the applicant is that seven years back, the marriage of the victim was settled with the applicant and since then she was in conversation with the applicant, in the meantime, the applicant got job and he refused to marry her, in the meantime, the applicant made physical relations with her. Learned counsel further submits that the victim is major and in her statement recorded under Section 161 Cr.P.C. she has repeated the version of the F.I.R. however, the answer to the question put by Investigating Officer as to whether and when physical relations was made with her, the victim answered "Yes" and the physical relations were made in the year 2015. Learned counsel has drawn attention of this Court of statement of the victim recorded under Section 164 Cr.P.C. wherein she has stated that the applicant had solemnised stamp marriage was her and in the year 2015, physical relations were made. It is thus contended that there are major contradiction in the statements of the victim recorded under Sections 161 and 164 Cr.P.C. Learned counsel has drawn attention of this Court to the medical report and has argued that the medical report also does not corroborate with the prosecution version. It is thus contended that the applicant 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 27.10.2023 having no criminal history.

¶3Per contra, learned A.G.A. has opposed 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Shailesh involved in Case Crime No.0323 of 2023 under Sections 376, 504, 506 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Atrauliya, District Azamgarh, 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶6Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 6.12.2023 S.Ali High Court of Judicature at Allahabad