Allowed

Junaid v. State of U.P.

Allahabad HC24 Nov 2022BAIL/48963/2022

Case brief

AI extract

What is this about?

In a bail application, the High Court observed that the 19-year-old victim was mature and entered a consensual relationship. The FIR was allegedly lodged after the applicant refused to marry. Finding no risk of absconding, the bail was allowed with strict conditions to ensure appearance in court.

What did the court decide?

Released on bail by furnishing a personal bond and two reliable sureties on specific conditions regarding court attendance and conduct.

Junaid Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48963 of 2022

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Applicant :- Junaid Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Pandey,Sarvjeet Kumar,Vivek Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Supplementary affidavit filed today is taken on record.

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

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This bail application has been filed by the applicant seeking bail in Case Crime No. 343 of 2022, under Sections 376, 323, 504, 506 IPC, Police Station- Swar, District- Rampur.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicant has next submitted that the victim is a major girl aged about 19 years and as per the allegation made in the first information report, it is alleged that on 18.8.2022 at about 4 P.M., her daughter Hina came weeping at the house and informed her that the applicant has been making physical relations with her for the last two years. Thereafter, the first informant alongwith her daughter reached at the house of applicant- Junaid where Junaid alongwith his father and mother and other family members were present, however, they started hurling abuses and assaulted them and extended death threats to her and refused to marry her.

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Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Sections 161 and 164 Cr.P.C., in which she has categorically stated the victim is 19 years of age and is a major and on the pretext of false promise of marriage, the applicant had made consensual physical relations with her for the last two years, however on 18.8.2022 when the said fact was disclosed to her mother, then she alongwith her, went to applicant's house, however, family members of the applicant- Junaid refused to marry her with the applicant. Even in the statement recorded under Section 164 Cr.P.C., almost the same factum has been

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mentioned.

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Learned counsel for the applicant has next submitted that from the perusal of the statement of the victim recorded under Sections 161 and 164 Cr.P.C., it is evident that the victim is a major girl and is in consensual relationship with the applicant, however when the family members of the applicant refused to marry her with Junaid, the present first information report has been maliciously lodged.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 16.9.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. The charge sheet has also been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the victim is a major girl and was in consensual relationship with the applicant for the last about two years and on refusal of their marriage, the present first information report has been maliciously lodged.

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Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that the victim is a major girl aged about 19 years and she out of her own free-will and consent had made consensual physical relations with the applicant, however when the applicant refused to marry her, then the present first information report has been lodged. The victim being 19 years of age is matured enough to understand the consequence of her act. Furthermore, the applicant is in jail since 16.9.2022 and has no criminal history to his credit. The charge sheet has also been submitted and there is no chance of applicant fleeing away from the judicial process or tampering the evidence. In the backdrop of the aforesaid facts and circumstances, prima facie a case for bail is made out.

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Let the applicant- Junaid be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(1). 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

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abuse of liberty of bail and pass orders in accordance with law.

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(2). 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 IPC.

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(3). 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 IPC.

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(4). 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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It is clarified that the observations, if any, 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 ultimate merits of the case.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 24.11.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.11.28 10:34:24 IST Reason: Location: High Court of Judicature at Allahabad

Junaid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Junaid v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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