Allahabad High Court
Rajesh Vadi @ Rajesh Vediya vs State Of U.P. And 3 Others on 21 October, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15916 of 2022
Applicant :- Rajesh Vadi @ Rajesh Vediya
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Dheeraj Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Supplementary Affidavit is taken on record.
2. As per office report, the informant has been personally served but no-one has put in appearance on behalf of informant.
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.212 of 2021 under Section 363, 120(B), 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Madihan, District Mirzapur.
5. As per contents of first information report, the informant's minor daughter was enticed away by the main accused Asha Devi & Reshma. It is stated that the informant's son saw the minor daughter being escorted away by the nominated accused Reshma and F.I.R. was being lodged since the minor daughter could not be found even after search. The applicant has been taken into custody on the basis of statement of prosecutrix under Sections 161 & 164 Cr.P.C. implicating him in the crime alleged.
6. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him since he is not named in the F.I.R. and has been implicated only in the subsequent statements of prosecutrix recorded under Sections 161 & 164 Cr.P.C. It is submitted that there is material contradictions in the statements of prosecutrix under both the Sections and even the medical report does not corroborate the charges levelled since it does not indicate any injury on the external body of the prosecutrix. It is submitted that a bare perusal of the statements of prosecutrix recorded under Sections 161 & 164 Cr.P.C. clearly indicate the improbability of the charges levelled.
7. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with submission that the statements of prosecutrix recorded under Sections 161 & 164 Cr.P.C. clearly indicate the complicity of the applicant in the crime alleged whereby he is the main perpetrator.
8. 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."
9. 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 the applicant is not named in the F.I.R. and has been introduced only on the basis of statements of prosecutrix under Sections 161 & 164 Cr.P.C.; there does not appear to be any independent corroboration of the charges levelled against the applicant and the medical report also does not appear to support the allegations levelled against him; the applicant is in jail since 10.12.2021 and as yet trial is said to be 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.
10. Accordingly bail application is allowed.
11. Let applicant Rajesh Vadi @ Rajesh Vediya, 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 :- 21.10.2022
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