Allowed

Ajay Pal Sagar Alias Sonu v. State of U.P.

Allahabad HC22 Nov 2023BAIL/49645/2023

Case brief

AI extract

What is this about?

This High Court allowed a bail application filed by the accused in a case involving allegations of rape and false promise to marry. The Court found no convincing material to indicate tampering with evidence and released the applicant on bail subject to strict conditions regarding attendance and conduct.

What did the court decide?

The applicant was released on bail in the aforesaid case by furnishing a personal bond and two sureties with specific conditions imposed in the interest of justice.

Ajay Pal Sagar Alias Sonu Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:221709

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49645 of 2023

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Applicant :- Ajay Pal Sagar Alias Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A-I for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Ajay Pal Sagar alias Sonu, seeking enlargement on bail during trial in connection with Case Crime No.552 of 2023, under Sections 376, 506 IPC, registered at Police Station Gajraula, District J.P. Nagar (Amroha).

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The FIR of the present case was lodged on 13.9.2023 by the victim against the applicant alleging therein that the applicant entangled her in his love and got her separated from her husband after which on a false promise to marry kept with him since last four years and in the meantime sexually exploited her and committed rape upon her. When she used to ask him for marriage, he used to avoid her. He is now pressurizing her for murdering her husband. He has not married her.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a married adult woman. The present case is a case of false promise to marry and when the same could not materialize, the present FIR has been lodged. It has also been pointed out that the applicant is not having any criminal history as stated in para 25 of the affidavit. The applicant is in jail since 9.10.2023.

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Per contra learned counsel for the State opposed the prayer for bail.

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After hearing the counsel for the parties and perusing the record,

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it is evident that the victim is a married woman. present case is a case of false promise to marry and when the same could not materialize, the present FIR has been lodged. The applicant has no criminal history.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant-Ajay Pal Sagar alias Sonu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should be of a local person) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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

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trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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(Samit Gopal, J.)

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Order Date :- 22.11.2023 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Ajay Pal Sagar Alias Sonu v. State of U.P.

Case brief

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Ajay Pal Sagar Alias Sonu v. State of U.P.

Case brief

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