Allahabad High Court
Pramod Kumar vs State Of U.P. And 3 Others on 24 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52261 of 2022
Applicant :- Pramod Kumar
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Brij Raj Singh,Mahendra Singh
Counsel for Opposite Party :- G.A.,Shweta Singh Rana
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Anil Kumar, learned counsel for the informant, Ms. Shweta Singh Rana, learned counsel for opposite party no.3 and learned A.G.A. for the State.
There is allegation against the applicant of committing offence of gang rape against the minor girl besides her abduction with intent to marry.
Learned counsel for the applicant submits that it is a case of false implication. First information report was lodged against the named co-accused, Raj. In the statement of victim recorded under Section 161 Cr.P.C she made allegation that she wanted to marry the named accused. Therefore, she went with him. She has not made any allegation against any other accused in her statement under Section 161 Cr.P.C. In her statement under Section 164 Cr.P.C she has implicated the applicant and other accused persons on the allegation of gang rape. Learned counsel for the applicant further submits that the victim is not minor but major aged about 19 years as per ossification test report. Medical examination of the victim was conducted on 19.05.2022 when the offence took place on 13.05.2022. The case of gang rape is not made from the medical report since not a only single scratch was found on the body of the victim. Supplementary medical report also does not supports the prosecution case. Applicant is in jail since 17.08.2022 and has no criminal history.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Pramod Kumar, involved in Case Crime No.109 of 2022, under Sections 363, 366, 376D, 328, 323 I.P.C and Section 5/6 POCSO Act, Police Station Dholna, District- Kasganj 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.1.2023
SS
