Allahabad High Court
Krishna Kumar Sharma vs State Of U.P. And 3 Others on 3 July, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:107790 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19632 of 2024 Applicant :- Krishna Kumar Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Learned A.G.A. has informed that notice to the informant has been served on 16.5.2024.
3. Heard Sri Anees Kumar Singh, Advocate holding brief of Sri Vinay Kumar Singh Chandel, learned counsel for the applicant as well as Sri R.P. Patel, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No.49 of 2024, under Sections 323, 342, 376(2)N, 506 I.P.C. and 5L/6 POCSO Act, Police Station- Crossing Public, District- Ghaziabad, during the pendency of trial.
5. As per prosecution story, the applicant is stated to have enticed away the informant on the pretext of getting her a job and established corporeal relationship with her on the false promise of marriage, but subsequently refused to marry her.
6. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant has married the victim. The victim is major and by her physical appearance she seems to be more than 20 years of age. The victim has wrongly alleged in the FIR as the applicant is ready to take care of her during rest of life and the said photographs annexed as Annexure-11 to the affidavit indicate towards it. As per the school certificate, the date of birth of the victim is 12.7.2006 which comes out to be 17 years, 06 months and 15 days.
7. Learned counsel for the applicant has placed much reliance on the judgment of Supreme Court in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673, wherein it has been stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed. It is also settled by Supreme Court that as per the medical records, a leverage of two years may be granted to the accused person.
8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 24.2.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.
9. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions raised by the learned counsel for the applicant.
10. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825. Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the applicant.
11. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.
12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
13. Let the applicant- Krishna Kumar Sharma involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(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 will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(v) 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.
14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
15. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 3.7.2024 Vikas (Justice Krishan Pahal)