Ajay Kumar Vs State of U.P.

Neutral Citation No. - 2023:AHC:97585

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17863 of 2023

Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed on behalf of applicant is taken on record.

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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.59 of 2022,under Sections 363, 366 I.P.C., P.S. Dando, District Aligarh.

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Learned counsel for the applicant submits that according to F.I.R. version on 13.03.2022, victim aged about 14 years was enticed away by the applicant, Chhotey, Brijesh and Ramji Lal. As per statement of victim under Section 161 Cr.P.C., the victim has stated that her age is about 20 years, she is illiterate, she knows the applicant and applicant was doing work with her at kiln. She knows his family and wants to live with his family. Nobody has done misdeed with her. In statement under Section 164 Cr.P.C., she has stated that her parents want to marry her with older boy, on 13.03.2022, she left her house without informing anybody. She does not want to go with her parents. The victim has not levelled any allegation against the applicant. As per medical report, the age of the victim has been ascertained 18 years. The applicant has not committed the alleged offence. He has been falsely implicated in the present case. 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 previous criminal history of the applicant and is languishing in jail since 06.02.2023.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant

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but could not dispute the factual aspects.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, statement of the victim under Sections 161 & 164 Cr.P.C. not leveling any allegation against the applicant, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ajay Kumar 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 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 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 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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Order Date :- 5.5.2023 Jitendra

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

Ajay Kumar v. State of U.P.

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Ajay Kumar v. State of U.P.

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