Ambesh Gupta v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47466 of 2023 Applicant :- Ambesh Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Shri Karuna Nand Tiwari, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A for the State as well as the learned counsel for the informant and perused the record.

¶3It has been argued by learned counsel for the applicant that the victim who is informant herself lodged the F.I.R. dated 09.08.2023 against the applicant with the allegation that she is a student of B.A. Third year, the applicant who lives in the same village, on the pretext of false promise of marriage he used to make sexual relation with her for the last two years, she repeatedly requested him to solemnize marriage with her but he denied for the same, whereas the applicant has solemnized marriage with her in a temple. Learned counsel for the applicant further submits that in her statements recorded under Section 161 & 164 Cr.P.C. the victim has repeated the same version of the F.I.R. Learned counsel for the applicant further submits that the victim had refused to go under medical examination. Learned counsel for the applicant further submits that parents of the victim have also admitted about relation of applicant and the victim in their statements recorded before the police. Learned counsel for the applicant further submits that as per her own statement recorded under Section 161 Cr.P.C. the victim is aged about 21 years, she knew the applicant for the last two years and was in relations with him and whatever sexual relations made between them it was with the consent of the victim. Learned counsel for the applicant further submits that the applicant is ready to solemnize marriage with the victim and will keep her as his legally wedded wife and will perform his matrimonial obligations towards the victim. 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 09.09.2023, having no criminal history.

¶4Per 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.

¶5Learned counsel for the informant submits that he has no objection in case applicant is ready to solemnize marriage with the victim, but some date may be fixed in the matter, on which date the applicant as well as victim may remain present, so that the conduct and behaviur of the applicant may be surfaced.

¶6After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, especially statement of the learned counsel for the applicant that the applicant is ready to solemnize marriage with the victim, 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 may be enlarged on bail.

¶7Let applicant-Ambesh Gupta, involved in Case Crime No. 225 of 2023, under Sections 376, 506 I.P.C. read with Section 3/4 of Protection of Children From Sexual Offences Act and Section 3(2)5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Puranderpur, District Maharajganj, be enlarged 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 will solemnize marriage with the victim within 45 days from the date of his release from jail and shall keep her as his legally wedded wife and will perform his matrimonial obligations towards the victim.

(ii) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(iii) 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.

(iv) 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.

(v) 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.

(vi) 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.

¶8The 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 in accordance with law.

¶9With the consent of the learned counsel for the parties, list in the additional cause list on 19.01.2024 for further hearing, on which date, the applicant-Ambesh Gupta as well as the victim shall remain present before this Court. Order Date :- 7.11.2023 Mustaqeem. High Court of Judicature at Allahabad