Allahabad High Court
Rohit Kumar vs State Of U.P. on 31 October, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41708 of 2022
Applicant :- Rohit Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Aushim Luthra
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Supplementary affidavit filed today is taken on record.
1A. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.
2. This first bail application has been filed with regard to Case Crime No.119 of 2022, under Sections 376, 406, 323, 504, 506 IPC, registered at Police Station Shahganj, District Agra.
3. As per contents of FIR, the applicant is said to have sexually exploited the informant on the false promise of marriage. The FIR states that the applicant had contacted the informant on the pretext of providing employment to her whereafter he forcibly established sexual relations with the informant and subsequently promised marriage, from which he has resiled leading to lodging of FIR.
4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him and in fact the parties were in a consensual relation-ship which is amply proved from the fact that the lady in question is an adult educated person. It is submitted that the case is only of a breach of promise and not of entering into sexual relations on the false pretext of marriage. It is submitted that the charge-sheet has been filed recently in the matter, trial has not yet commenced.
5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with the submission that a narrative of the FIR clearly indicates false promise of marriage having been extended by the applicant to informant on which basis relations were established.
6. Considering the submissions advanced by learned counsel for parties and upon perusal of material available on record, it appears that from a perusal of FIR as well as statement of informant recorded under sections 161 and 164 Cr.P.C. that relation-ship between the two was established prior to any extension of promise of marriage and as such at this stage and subject to evidence led in trial, it may be a case of breach of promise as removed from a case of false promise of marriage. Charge-sheet in the matter has already been filed but trial as yet have not commenced.
7. 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."
8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.
9. Accordingly bail application is allowed.
10. Let applicant, Rohit 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 :- 31.10.2022
Subodh/-
