Allahabad High Court
Budhram vs State Of U.P. And Anr. on 18 March, 2021
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- BAIL No. - 105 of 2021
Applicant :- Budhram
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Amrendra Singh,Pradeep Kumar
Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State who has filed counter affidavit today in court which is taken on record, and perused the record.
Learned counsel for the applicant submits that the occurrence is stated to have taken place on 13.6.2019. The prosecutrix married with the co-accused Guddu on 18.6.2019. No report of missing was lodged by the informant. The prosecutrix went back to her parental home on 31.7.2020. No first information report was lodged. The first information report was lodged on 13.9.2019 after delay of approximately three months, with due deliberation and consultation. The marriage agreement along with photographs are on record.
As per the family register, the age of the prosecutrix is 19 years. In her statement under Section 164 CrPC., for the first time, the prosecutrix has levelled allegation of rape against the applicant along with other co-accused persons. It is submitted that the statement of the prosecutrix recorded under Section 164 CrPC is not worthy of credence as it is not corroborative of any other evidence including the medical report. There are contradictions in the statements recorded under Section 161 CrPC and 164 CrPC. Applicant's counsel has placed reliance on the judgment dated 26.4.2018 in Civil Appeal No.4531 of 2018 Suhani and another versus State of U.P. and others passed by Hon'ble Supreme Court.
The applicant has no previous criminal history. The applicant is in jail since 6.10.2020.
It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history and charge-sheet in the matter has already been filed, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant Budhram, involved in Case Crime No.443/2019 under sections 363, 366, 506, 376DA I.P.C. and section 5g/6 of POCSO Act, P.S.Isha Nagar, district Lakhimpur Kheri 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.
Order Date :- 18.3.2021
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