Indrajeet Bind @ Babloo Bind vs State Of U.P. And 3 Others
2022 Latest Caselaw 1990 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9508 of 2022
 

 
Applicant :- Indrajeet Bind @ Babloo Bind
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Lavkush Kumar Shukla
 
Counsel for Opposite Party :- G.A.,Prashant Kumar Singh
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Lavkush Kumar Shukla, learned counsel for the applicant, Shri Vishwa Deepak Mishra, learned A.G.A. for the State, Shri Prashant Kumar Singh, learned counsel for the opposite party Nos. 3 & 4 and perused the material on record.

Learned A.G.A. submits report received from police station Sikrara, District Jaunpur with regard to the fact that notice upon the first informant as well as Child Welfare Committee has been served, the same is taken on record.

None appears for the first informant despite service of notice.

The present bail application has been filed on behalf of applicant Indrajeet Bind @ Babloo Bind under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 08 of 2022 for offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Section 3/4 of Protection of Children from Sexual Offences Act, registered at Police Station Sikrara, District Moradabad, during pendency of the trial, after rejecting the bail application of the applicant by Additional Sessions Judge/Special Judge, POCSO Act, Jaunpur vide order dated 5.2.2022.

Brief facts of the case are that the First Information Report dated 8.1.2022 has been lodged by father of the victim against unknown person stating therein that on 2.1.2022 at 1.30 p.m. his daughter, aged about 17 years 10 months went to market and she did not return. First informant searched his daughter everywhere, but he could not find her.

After lodging the first information report, statement of the victim under Section 161, Cr.P.C. was recorded on 17.1.2022. Victim has denied to get her medical examination done. Statement of the victim under Section 164, Cr.P.C. was also recorded on 17.1.2022. After recording the statements of the prosecution witnesses, charge sheet has been submitted on 19.1.2022. The applicant was arrested on 17.1.2022.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that as per High School certificate, victim was 17 years 10 months at the time of incident. It is further submitted that the victim has not supported the prosecution case in her statements recorded under Sections 161 & 164, Cr.P.C. It is further submitted that the victim stated that she has love affairs with the applicant two years prior to the incident and she has gone from her house on her own free and sweet will. She travelled Goa and Mungra Badshahpur Station with the applicant. It is further submitted that the victim has denied to get her medical examination done.

He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail.

Per contra, learned A.G.A. and learned counsel for the opposite party Nos. 3 & 4 have supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature and the delay in lodging the FIR cannot be said to be fatal to the case at this juncture while considering the application of bail. But they could not point out any material to the contrary. They further submit that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

After considering the facts of the present case it prima facie appears that;

(a) As per High School certificate, victim was 17 years 10 months at the time of incident;

(b) The victim has not supported the prosecution case in her statements recorded under Sections 161 & 164, Cr.P.C. It would not be appropriate to discuss the same at this stage;

(c) The victim has gone from her house on her own free and sweet will. She travelled Goa and Mungra Badshahpur Station with the applicant.;

It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.

Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.

Let applicant, Indrajeet Bind @ Babloo Bind be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(i) 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.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) 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 of Cr.P.C.

(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 the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that 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 in accordance with law.

The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the applicant, keeping in view the law laid down by the Supreme Court in the case of Alakh Alok Srivastava v. Union of India & Anr., AIR 2018 SC 2440, if there is no other legal impediment.

It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 5.5.2022

T. Sinha