Allowed

Gaurav Verma v. State of U.P. and Another

Allahabad HC3 Oct 2023ABAIL/9491/2023

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by Gaurav Verma under Section 438 Cr.P.C. He was in a matrimonial dispute involving charges of rape and harassment. The Court found that the applicant and the victim were married parties. Bail was granted subject to personal bond, sureties, and specific conditions regarding cooperation and presence.

What did the court decide?

Anticipatory bail granted to the applicant on furnishing a personal bond of Rs. 50,000 with two sureties subject to specified conditions.

Gaurav Verma Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188844

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9491 of 2023

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Applicant :- Gaurav Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Mr. Manoj Pandey, Advocate has filed Vakalatnama on behalf of victim, which is taken on record.

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Heard Mr. R.S. Maurya, learned counsel for the applicant, learned Additional Government Advocate for the State and Mr. Manoj Pandey, learned counsel for the victim.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case No.1179 of 2023/Computer No.10372 of 2023, under Sections 376, 504, 506 IPC, Police Station Majhola, District Moradabad.

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In pursuance of order dated 18.08.2023, the applicant Gaurav Verma and the victim Doli @ Satyawati are personally present before this Court and have been identified by their counsel. The applicant Gaurav Verma has handed over a demand draft of Rs.50,000/- to the victim Doli @ Satyawati today in open Court.

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The applicant Gaurav Verma and victim Doly @ Satyawati have jointly submitted before this Court that they are major and have solemnized marriage on 09.09.2022,which has been registered before Registrar on 24.09.2022, copy of the same is annexed as Annexure No.7 to the affidavit filed in support of application. The applicant Gaurav Verma has submitted before the Court that he is ready to bring his wife from the court itself.

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Considering the facts and circumstances of the case also considering the statement of the victim as well as perusal of record, particularly seeing the fact that the applicant and the victim have solemnized marriage, the present anticipatory bail application is allowed .

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Let the applicant- Gaurav Verma , involved in the aforesaid case crime be released on anticipatory bail till conclusion of

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trial in view of law laid down in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98, on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

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(ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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(vii) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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With the aforesaid observations/ directions, the application is disposed of.

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Order Date :- 3.10.2023 Ajeet

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Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad

Gaurav Verma v. State of U.P. and Another

Case brief

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Gaurav Verma v. State of U.P. and Another

Case brief

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