Ranjay Sharma vs State Of U.P.
2016 Latest Caselaw 5663 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29139 of 2016
 

 
Applicant :- Ranjay Sharma
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Deepak Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pratyush Kumar,J.

Heard learned counsel for applicant, learned A.G.A. and perused the record.

This bail application has been preferred by the accused-applicant, Ranjay Sharma, who is involved in Case Crime No.189 of 2015, under Sections 366, 363, 376 I.P.C and section 3/4 of Protection of Children from Sexual Offences Act, 2012, P.S. Lar, District, Deoria.

Learned counsel for the applicant in support of his prayer for bail submits that applicant is innocent. He has been falsely implicated in the present case due to pressure of the first informant. The victim was major. In her statement she has categorically stated that her marriage  was scheduled  with the applicant with whom she had gone to Delhi  but after reaching at Delhi he denied to marry with her and left her at the house of her brother-in-law. According to her the allegation of rape was made due to pressure of the father of the victim. He further submits  the applicant is still willing to marry her. The applicant is a responsible person. He belongs to respectable family. He has no previous history.  He is not likely to abscond. 

On behalf of the State the bail has been opposed.

In view of the facts and circumstances of the case, submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

Let applicant, Ranjay Sharma, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

(i). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;

(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;

(iii). In case, the applicant misuses the liberty of bail 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.

(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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

Order Date :- 5.9.2016

G.S