The Allahabad High Court has allowed the bail application of one Atul Gautam, who is accused of raping his inter-faith live-in partner on the false promise of marriage.
A Single Bench of Justice Rajesh Singh Chauhan passed this order while hearing a Criminal Misc Bail Application filed by Atul Gautam.
As per the counsel for the applicant, the applicant is languishing in jail since 16.09.2024, in Case under Sections 376, 323, 504, 506 of IPC, Police Station Madiaon, District Lucknow.
In compliance with the order dated 07.11.2024 of the Court, accused/ applicant Atul Gautam is present before the Court, who has been brought from District Jail, Lucknow by Sub Inspector Mohd Khalid Khan, Police Lines, Lucknow and Head Constable Mukhtar Ali, Police Lines, Lucknow. Prosecutrix is also present before the Court along with her infant child of 5 months.
When the aforesaid case was taken up at 2.30 PM, the prosecutrix requested the Court that she may be given at least 15 minutes to talk with the applicant outside the Court, therefore, both, the prosecutrix and the applicant, were permitted to talk to each for future planning, if they wish to live together as husband and wife.
After utilizing aforesaid time, the applicant and the prosecutrix again appeared before the Court at 3.20 P.M. The prosecutrix has stated that she has talked with the applicant. She is satisfied with the assurance given by the applicant and she states that she is willing to live with the applicant as his wife. However, she has requested the Court that if any direction may be issued to the applicant to protect the monetary security of the prosecutrix and her child, it would be in the interest of her and her child and in the interest of justice as well.
The applicant has stated that he and the prosecutrix were living happily as husband and wife but on account of some trivial dispute between them, the prosecutrix lodged the impugned FIR.
He has also stated that he is ready to get married with the prosecutrix under the Special Marriage Act, with expedition, i.e as soon as he is released from jail, say within seven days after his release, he shall move an application under the Special Marriage Act, before the court concerned. Thereafter, he shall do the required pairvi so that the appropriate orders regarding their marriage be passed from the competent court under the relevant provisions of the Special Marriage Act.
After the aforesaid marriage is performed, they shall get their marriage registered with the Marriage Registering authority concerned, as early as possible. Applicant has also stated that he shall also approach the Bank concerned to prepare the Fixed Deposit Receipt of Rs 5.00 Lacs (Rupees Five Lacs only) for a period of 05 years in the name of his infant child through the mother of the child. The purpose of aforesaid Fixed Deposit Receipt is to protect the monetary security of the prosecutrix as well as her child.
The applicant has stated that the aforesaid FDR shall be the token of his good gesture to show his bonafide that he is willing to look after his wife/prosecutrix and his infant child, properly. In addition to this FDR, he shall also look after his wife and his infant child properly and to the best of his capabilities so that his wife/ prosecutrix and child live comfortably.
The prosecutrix has stated that she is also able to earn something from her expertise as a make up artist and with her earnings she may lead a good life with her husband Atul Gautam together.
Counsel for the applicant has undertaken on behalf of the applicant that the applicant shall not misuse the liberty of bail, if so granted by the Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings.
“In the above circumstances, without entering into the merits of the issue, considering the fact that it is a case where the applicant and the prosecutrix are willing to live together peacefully and comfortably as husband and wife along with their infant child and since they themselves have decided the conditions for living together as husband and wife, therefore, in the interest of justice as well as looking into the larger interest of the parties and the infant child, and also taking into consideration the fact that the FIR is the result of the trivial dispute between the parties and both the parties are ready and willing to get married and live together and also the fact that present applicant has no previous criminal history, I find it to be a fit case for bail,” the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant (Atul Gautam) be released on bail in Case under Section 376, 323, 504, 506 of IPC, Police Station Madiaon, District Lucknow on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions :-
(i) As soon as the applicant is released from jail, say within seven days from the date of his release the applicant shall move an application under the Special Marriage Act, before the court concerned and shall do the required pairvi so that the appropriate orders regarding their marriage be passed from the competent court under the relevant provisions of the Special Marriage Act.
(ii) After performance of the marriage under the Special Marriage Act, they shall get their marriage registered with the Marriage Registering authority concerned, as early as possible.
(iii) Applicant shall approach the Bank concerned and shall get the Fixed Deposit Receipt of Rs 5 lakh (Rupees Five Lakh only) prepared in the name of the infant child through her mother, for a period of 05 years.
(iv) Applicant shall look after his wife/prosecutrix and the infant child properly.
(v) 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.
(vi) 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.
(vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC 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.
(viii) 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 CrPC. 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.
(ix) Applicant shall surrender his passport, if any, immediately after release from jail before the court concerned.
(x) Applicants shall not leave the country without the permission of the court.
(xi) that in default of any of the conditions mentioned above, the investigating officer/prosecution shall be at liberty to file an appropriate application for cancellation of bail, which shall be dealt with strictly in accordance with law.
(xii) The police officers who have brought the applicant before the Court from District Jail, Lucknow are directed to hand over the custody of the applicant to the jail authorities.