Allahabad High Court
Anil Kumar vs State Of U.P. on 31 July, 2018
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27868 of 2018
Applicant :- Anil Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Nirbhay Kumar Bharti
Counsel for Opposite Party :- G.A.,Pramod Kumar Gupta
Hon'ble Karuna Nand Bajpayee,J.
Sri Pramod Kumar Gupta, Advocate has filed his 'Parcha' on behalf of the opposite party, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A.and Sri Pramod Kumar Gupta, learned counsel for the opposite party.
Perused the record.
Submission of learned counsel for the applicant is that in the statement given before the Magistrate the victim disclosed her age to be of about 30 years, though she has been found of lesser age group in the medical examination but even according to the radiological examination, she was found to be major. Further submission is that according to the version given by the victim before the Magistrate, she has admitted to have had continued physical relationship with the applicant for several years. There is no denial to the fact that the victim has been wilfully establishing the sexual relationship with the applicant for about 8 years in the hope that their relationship shall fructify into marriage. Initially, the applicant was unemployed and when he got government job, attempts to persuade the applicant were made, which according to her, failed and he refused to enter into the marriage. The contention is that actually the relationship did not fructify into marriage as was promised because the victim was constantly exploiting the applicant on mobile phone to extort money and wanted blackmail him. Submission of the applicant is that though the conduct of the applicant cannot be vindicated morally or even legally to an extent but the totality of the facts and circumstances of the case as they emerged from the statement of the victim demonstrate that it was not a case where any coercion was meted out to her and the relationship that existed in between them was neither against her will nor without the consent of the victim. It does not appear to be a case of rank-rape and the marriage which was refused is a matter of detailed appreciation of evidence which can be done only by the trial court during the course of the trial. In this view of the matter, at least a prima facie case for bail in favour of the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 10.5.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial 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.
Let the applicant-Anil Kumar involved in Case Crime No. 74 of 2018, u/s 376 IPC, P.S.- Ubhaon, District- Ballia be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.7.2018
CPP/-
