Allowed

Abhilesh Paswan v. State of U.P.

Allahabad HC10 Oct 2022BAIL/41037/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court of Judicature at Allahabad directed the release of the applicant on bail subject to specific conditions preventing adjournments and ensuring presence in court, while clarifying that the order did not comment on the ultimate merits of the criminal case.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two local sureties, subject to conditions regarding court presence and prohibition of adjournments.

Abhilesh Paswan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41037 of 2022

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Applicant :- Abhilesh Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Mishra,Maheshwar Mishra

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Counsel for Opposite Party :- G.A.,Sudhir Kumar Tripathi

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State.

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The present bail application has been filed by the applicantAbhilesh Paswan with a prayer to enlarge him on bail in Case Crime No. 395 of 2022, under Sections 363, 504, 506 I.P.C., Police Station- Pipariech, District- Gorakhpur, during the pendency of the trial.

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Prosecution case in brief is that on 28th July, 2022 at about 06:00 p.m. in the evening, the applicant, who used to visit the place of her sister situated at the village of the informant, enticed away the daughter of the informant, who is 13 years of age with the assistance of his elder sister Usha and nephew i.e. Kashi (son of Usha). When the informant inquired from Usha about her daughter, she has been abused and threatened.

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It has been argued by the learned counsel for the applicant that for the alleged incident dated 28th July, 2022 at 06:00 p.m., the present first information report has been lodged on 29th July, 2022 at 10:54 a.m. i.e. delay of 16 hours in lodging of the same for which no plausible explanation has been given, which makes the prosecution case doubtful. It is further submitted that in the statements recorded under Sections 161 and 164 Cr.P.C., the victim has stated that she knew the applicant very well for the last 3-4 years and she was in love with the applicant, she used to meet the applicant on her own free will. The victim has further stated that on 28th July, 2022 when her mother i.e. informant beat her, she called the applicant and went along with him on her own will. In the statement given before the Doctor during the course of her medical examination, she has stated that she went along with the applicant and has also established physical relations with him on her own sweet will. The victim has also married the applicant. Learned counsel for the applicant, therefore, submits that the parties are consenting. Apart from the above, learned counsel for the applicant submits

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that there is no evidence on the basis of which it can be said that the applicant has taken the victim along with him forcefully without her consent. Therefore, no case under Section 363 I.P.C. is made out against the applicant. It is further submitted that the applicant has no criminal history. It is next contended that 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. The applicant is in jail since 01.08.2022.

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To bolster the aforesaid submission, learned counsel for the applicant has invited the attention of this Court to the judgment of the Apex Court in the case of S Varadrajan Vs. State of Madras reported in 1964 LawSuit (SC) 209 .

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Per contra learned counsel for the informant as well as learned A.G.A. have opposed the bail prayer of the applicant but they could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on record, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicant 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 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 229-A 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

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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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 10.10.2022 SK Srivastava

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Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.10.11 17:07:46 IST Reason: Location: High Court of Judicature at Allahabad

Abhilesh Paswan v. State of U.P.

Case brief

What is this about?

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Abhilesh Paswan v. State of U.P.

Case brief

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