Allahabad High Court
Gurujeet Singh vs State Of U.P. Thru. Prin. Secy. Home … on 19 December, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:85751 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12861 of 2024 Applicant :- Gurujeet Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kr. Singh Bhadauriya,Vikas Vikram Singh,Vivek Srivastava Counsel for Opposite Party :- G.A.,Surya Prakash Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Harsh Kumar holding brief of Sri Surya Prakash, learned counsel for the complainant and learned AGA for the State as well as perused the record.
This is second bail application of the applicant. The first bail application was dismissed as withdrawn vide order of this Court dated 03.12.2024 passed in Crl. Misc. Bail Application No. 12558 of 2024.
The instant second bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0621 of 2024, under Sections 137(2) and 87 of BNS, 2023, Police Station Mohammadi, District Lakhimpur Kheri.
Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that as per the statement of the victim recorded under Section 183 of BNSS, the age of the victim is 17 years 10 months and she did not support the version of the prosecution. He submits that in fact the victim is about 18 years of age and she has love affairs with the applicant and the statement of the victim is also to the effect that she is willing to perform marriage with the applicant, though the parents were not ready and, as such, the First Information Report is lodged against the applicant. He also submits that ingredients of Sections 137(2) and 87 of BNSS do not attract in the present matter. He next submits that the applicant has no previous criminal history and he is languishing in jail since 01.10.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail.
Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicant is involved in committing the offence and a minor girl is enticed away by him and as such, he is not entitled for bail.
Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the applicant the statement of the victim does not support the prosecution version and the victim has stated that she is willing to marry with the applicant; ingredients of Sections 137(2) and 87 of BNSS do not attract in the matter; the applicant has no previous criminal history and he is languishing in jail since 01.10.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings.
Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.
Let the applicant-Gurujeet Singh involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He 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;
(3) 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.; and
(4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 19.12.2024
kkv/
