Allahabad High Court
Manoj vs State Of U.P. And Anr. on 24 March, 2021
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- BAIL No. - 10713 of 2020
Applicant :- Manoj
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Gyanendra Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
Learned counsel for the applicant submits that the applicant has been falsely implicated. It is further submitted that the prosecutrix while giving statement under Section 164 CrPC has not levelled any allegation of rape. It has been clearly stated that she on her own accord went away with the applicant and therefore, no case of enticing away or taking away the minor is made out against the applicant. Bone age of the prosecutrix is 15 years. As per statement under Section 164 CrPC., she is 18 years of age. The educational certificates collected by the investigating officer have been found forged by the court below in its order dated 31.12.2020. Age recorded in the family register cannot be taken into account for determining the age. The applicant has no previous criminal history. The applicant is in jail since 23.10.2020. Charge-sheet in the matter has been filed.
In context of age of the prosecutrix, applicant's counsel has relied on judgment dated 26.4.2018 passed in Civil Appeal No.4532 of 2018 arising out of SLP(C) No.8001 of 2018 Suhani and another vs. State of U.P. and others.
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. as well as complainant's counsel 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, as also the judgment of Hon'ble Supreme Court in the case, noted above, 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 Manoj, involved in Case Crime No. 201 of 2020 under Sections 363, 366-A, 376 I.P.C.and sections 3/4 Protection of Children from Sexual Offences Act, P.S. Murtiha, district Bahraich, 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 :- 24.3.2021
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