Dharmendra Maurya v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15080 of 2023 Applicant :- Dharmendra Maurya Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Ashok Kumar Singh,Alok Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri M.V.S. Chauhan, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.300 of 2023 under sections 376, 506 IPC Police Station Kotwali Nagar, District Pratapgarh.

3.It has been submitted by learned counsel for the applicant that the prosecutrix is married lady of 30 years,lodged an FIR on 23.05.2023 whereas the date of incident is of 14.01.2023. She moved an application under section 156(3) Cr.P.C. on 16.02.2023,. The FIR indicates that she was married lady and the dispute is going on against her husband and she has admitted that there was friendship with the applicant and on 14.01.2023 the accused-applicant had established physical relation against her will which is mentioned in the FIR. Learned counsel for the applicant has stated in para-7 of the affidavit filed in support of the bail application that husband of the prosecutrix had lodged FIR against the applicant under section 498 IPC at police station Maheshganj District Pratapgarh in which he has levelled allegation that accused-applicant enticed his wife.This fact indicates that there is relation between the applicant and the prosecutrix. It has been submitted by learned counsel for the applicant that a compromise has taken place between the prosecutrix and her husband that is why she has falsely implicated the accused-applicant.The applicant is in jail since 10.08.2023.

¶4Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that it is a case of consent, the argument that belated FIR has been lodged with the help of section 156(3) Cr.P.C. and the argument that husband of the applicant had lodged FIR against the accused-applicant under section 498 IPC making allegation that the prosecutrix was enticed away by the applicant, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Dharmendra Maurya, 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 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 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 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. It 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 :- 20.12.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench