Allowed

Atul Patel v. State of U.P. and Another

Allahabad HC1 Dec 2020BAIL/27192/2020

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 376, 323, 504, 506 IPC and POCSO, the court granted bail to the applicant who was charged with rape and wrongful confinement based on allegations of a false marriage and assault.

What did the court decide?

The applicant Atul Patel is released on bail on furnishing a personal bond and two local sureties, subject to conditions to secure presence and prevent tampering with evidence.

Atul Patel Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27192 of 2020

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Applicant :- Atul Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Despite service of notice on opposite party no. 2, no one appears on behalf of opposite party no. 2.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 294 of 2019, under Sections 376, 323, 504, 506, 452 I.P.C. & 3/4 POCSO Act, Police Station Bindki, District Fatehpur.

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Learned counsel for the applicant submits that according to the FIR applicant and one unknown persons keeps trying for prostitution of the victim showing false marriage of the victim. On 23th February, 2019 in the evening at about 6.00 p.m. applicant came along with three persons having country made pistol and acid forcefully by breaking door entered in the house and started beating her and committed rape upon her. As per statement under Section 161 Cr.P.C. of the informant recorded on 4th October, 2019, victim married the applicant on 15th August, 2018 in Gurudev Mandir, Khidirpur thereafter they started living as husband and wife but applicant started beating the victim, therefore, she came at the house of the informant while his wife in statement under Section 161 Cr.P.C. recorded on 15th February, 2020 has stated that applicant solemnized false marriage with the victim and started forcefully establishing physical relationship.

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The informant has also moved an affidavit before the Superintendent of Police, Fatehpur that only after taking wine with regard abusing harassing him and his family members FIR was lodged. The victim in her statement under Section 161 Cr.P.C. has stated that she was living out of her own will at the house of her maternal aunt Smt. Archana Patel the report lodged by her father Sri Suresh is true. She further stated that her parents want to send her forcefully with the applicant but she want to stay at her maternal aunt's house. As per medical report, age of the victim has been ascertained about 17 years in which variation of two years is possible and variation in the age favourable to the applicant will be taken into account. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 27.01.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that in the impugned rejection order indicates that the ground was taken by the applicant that maternal aunt wants trafficking with the victim that is why she is keeping with her.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, statement of the informant that on 15th August, 2018 victim was married with the applicant, radio-logical age and possible variation in it, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Atul Patel involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will

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cooperate with the trial. The applicant 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.

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(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 229A of the Indian Penal Code.

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(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.

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(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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 1.12.2020 Israr

Atul Patel v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Atul Patel v. State of U.P. and Another

Case brief

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