Allahabad High Court
Ramu vs State Of U.P. on 26 May, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17067 of 2022
Applicant :- Ramu
Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Prakash Chaudhary
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No.122 of 2021, under Sections 363, 366 IPC, P.S. Pashchim Sharira, District Kaushambi.
Submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the instant case. The FIR in relation to an incident which took place on 7.4.2021 was lodged on 19.4.2021. There is delay in lodging the FIR, which is fatal to the story of the prosecution. It is stated that as per the allegations made in the FIR, the daughter of the informant was enticed away by the applicant and other co-accused, however, the charge sheet has been filed before the court concerned only against the applicant. This fact shows that allegations levelled in the FIR are false and concocted. It is also stated that trial is not proceeding.
It is further submitted that victim has not supported the story of the prosecution in the statement given by her in terms of Sections 161 & 164 Cr.P.C. as also in the majeed bayan. As per these statements, the victim on account of relations with the applicant was ill treated by her family members and as such she on her own volition left her parents house and reached at Kanpur and lived there with the mother of the applicant and at that time applicant was at Bombay and applicant came at Kanpur on 21.4.2021. She has not levelled any allegation against the applicant regarding making physical relations. In these circumstances, the applicant is entitled to be released on bail.
Learned A.G.A. opposed the prayer for bail and contended that the victim was minor at the time of incident and as such her consent is wholly immaterial in the eye of law. Therefore, the applicant is not entitled to be released on bail.
In response, learned counsel for the applicant submitted that during investigation as also before the court concerned the victim has stated that she is 18 years old and from the high school mark sheet it transpires that at the relevant time she was about 17 years old, as such there is discrepancy in the age. In this view of the matter, the benefit of the judgments of this Court as also of Hon'ble Apex Court on the issue of determination is liable to be extended in favour of the applicant. The age indicated by prosecution is subject to the evidence adduced by the parties before the court concerned. The applicant is in jail since 24.5.2021 and the possibility of conclusion of trial in near future is extremely bleak.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the statements of victim and period of incarceration and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Ramu be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 26.5.2022
M. Tarik
