HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 29
Case :- BAIL No. – 6267 of 2019
Applicant :- Vivek Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Diwaker Singh,Atul Verma
Counsel for Opposite Party :- G.A.,Manoj Kumar Dubey
Hon’ble Karunesh Singh Pawar,J.
Counter affidavit filed by learned AGA as well as rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant and perused the record.
The contention of the learned counsel for the applicant is that between the applicant and the complainant, a matrimonial dispute was going on. It is stated that a false FIR was lodged, allegedly offence under Section 377 IPC has been committed while the couple was in Goa in the month of March, 2018. Admittedly, the couple went to Vaishno Devi in the month of April thereafter the applicant filed an application under Section 9 of Hindu Marriage Act and petition under Restitution of Conjugal Rights in the month of September before the Family Court and in the month of October, the case under SectionDomestic Violence Act was filed by the complainant. The D.P.O. Report is annexed as Annexure-4 to the bail application. It is stated that the D.P.O. Report has clearly ruled out any domestic violence on the complainant and has not supported the prosecution story at all. By the present FIR the entire family of the applicant has been falsely implicated, even the father-in-law has been charged to have been committed the offence under Sections 376/ Section511 IPC. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Vivek Yadav involved in Case Crime No. 506 of 2019, under Sections 498-A, Section323, Section504, Section506, Section377 IPC and 3/4 of D.P. Act, Police Station- Mahanagar, District- Lucknow be released on bail on his furnishing a personal bond and two sureties 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
The observations made in this order shall not affect the trial.
Order Date :- 19.7.2019