Allahabad High Court
Sunil Kumar vs State Of U.P. And 3 Others on 19 December, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11789 of 2022
Applicant :- Sunil Kumar
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- S.P.S. Chauhan,Sukhendra Singh
Counsel for Opposite Party :- G.A.,Anil Kumar Singh
Hon'ble Manish Mathur,J.
1. Rejoinder affidavit filed on behalf of applicant is taken on record.
2. Notices had earlier been issued in pursuance of which power on behalf of informant has been filed by Mr. Anil Kumar Singh, Advocate which is record but despite time having been granted to him earlier on 07.06.2022, no objections have been filed till date.
3. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.
4. This first bail application has been filed with regard to Case Crime No.262 of 2020 under Sections 363, 366, 376 I.P.C. and Section 3/4, Protection of Children from Sexual Offences Act, 3(2)(V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 P.S. Mau, District Chitrakoot.
5. As per contents of first information report which has been filed against unknown person, minor daughter of first informant is said to have been enticed away by some person. Applicant has been apprehended on the basis of statements of victim recorded under Sections 161 and 164 Cr.P.C.
6. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him and in fact the applicant as well as alleged victim were in a consensual relationship as would be apparent from the statements of alleged victim under Sections 161 and 164 Cr.P.C. as well as additional statement under Sections 161 Cr.P.C. in which she has admitted consensual relationship between the two.
7. Vide orders dated 26.07.2022 and 20.09.2022, Chief Medical Officer, Chitrakoot was directed to submit a report of ossification test of alleged victim and pursuance thereof a sealed report from the Chief Judicial Magistrate has been brought on record along with report dated 13.10.2022 of the Chief Medical Officer in a sealed envelope indicating the age of alleged victim as 18 years.
8. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application but does not dispute the fact situation.
9. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-
"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."
"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."
10. Considering the submissions advanced by learned counsel for the parties and upon perusal of the material on record, prima facie, and subject to further evidence being led in trial, it appears that although allegations of enticing away the minor daughter of informant have been made in the F.I.R. but it appears that the alleged victim in her additional statement under Sections 161 Cr.P.C. has not supported the allegations and has clearly indicated consensual relationship between the two. Report of Chief Medical Officer submitted pursuant to directions of this Court indicates the alleged victim to be major. Applicant is under custody since 16.03.2021 without any previous criminal history with trial still at the inception. As such, without expressing any opinion on the merits of case, this Court finds, the applicant is entitled to be released on bail in this case.
11. Accordingly bail application is allowed.
12. Let applicant Sunil Kumar, involved in the aforesaid case crime 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 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.
(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 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.
(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, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 19.12.2022
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