Awdhesh Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14072 of 2023 Applicant :- Awdhesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Rama Shanker Dubey,Satish Chandra Sitapuri Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Satish Chandra Sitapuri, learned counsel for the accused-applicant as well as Shri MVS Chauhan, learned A.G.A. for the State and perused the record.

¶2This bail application has been filed seeking release of the accused/applicant Awdhesh Singh on bail, who is involved in Case Crime No. 387 of 2023 under Sections 376, 328, 323, 504, 506 I.P.C, Police Station Mohanlalganj, District Lucknow.

¶3Learned counsel for the applicant submitted that the prosecutrix lodged the First Information Report, wherein it is mentioned that her earlier marriage was performed with one Raghvendra Singh and she became widow in the year 2014. It is further alleged that the applicant used to come to the house of prosecutrix and he established physical relation with her due to which she became pregnant and her pregnancy was terminated by the applicant in T.S. Mishra Hospital. Later part of the F.I.R., states that the prosecutrix was married to the applicant in the year 2020 and their marriage was registered on 17.12.2020. Learned counsel for applicant further stated that once the applicant is admittedly the husband of the prosecutrix, therefore, Section 376 I.P.C. is not made out and ingredients of Section 375 I.P.C is absent in the present case.

¶4Learned counsel for the applicant further submitted that the prosecutrix has also moved an application under Section 125 Cr.P.C before the Family Court for getting maintenance and the same was registered as Case No. 1884 of 2022, in which notices were issued against the applicant. Learned counsel for applicant further submitted that the applicant is innocent and has been falsely implicated in the present case and allegation of rape is not sustainable. He further stated that there is no previous criminal history of the applicant and he is languishing in jail since 07.10.2023.

¶5Learned A.G.A has opposed the prayer of bail of the applicant and has submitted that the applicant has committed crime therefore, his bail is liable to be rejected.

¶6Considering the facts and circumstances of the case, perusing the record, also considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that admittedly, the prosecutrix and the applicant are married and there are no ingredients of Section 375 I.P.C, the argument that a maintenance suit has already been filed by the prosecutrix before the Family Court which clearly indicates that the relationship between husband and wife is not good and that is the reason of lodging the present F.I.R., I find it to be a fit case for grant of bail.

¶7Accordingly, the bail application is allowed.

¶8Let the applicant Awdhesh Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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 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.

(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 sufÏcient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

(iii) 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. 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 absence of the applicant is deliberate or without sufÏcient 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.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 29.11.2023 DiVYa/Rajneesh High Court of Judicature at Allahabad, Lucknow Bench