Allahabad High Court
Govind Pasi vs State Of U.P. Thru. Prin. Secy. ... on 28 July, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:49991
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12834 of 2022
Applicant :- Govind Pasi
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko
Counsel for Applicant :- Arvind Kumar Kanaujea,Manish Singh Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
1. Heard Sri Manish Singh Chauhan, learned counsel for the applicant and Ms. Madhulika Sarkar, learned A.G.A. for the State.
2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime/FIR No.0286 of 2022 under sections 376,506 IPC, Police Station Kachhauna District Hardoi.
3. Learned counsel for the applicant has invited attention towards the statement recorded under section 164 Cr.P.C. in which the prosecutrix has deposed before the court that she and the applicant had love affairs for the last 1-2 years and physical relation was also established on the false promise of marriage. He has submitted that medical report does not support the prosecution case and it is a case of consent.Learned counsel for the applicant has relied upon the judgment of the Apex Court in the case of Amar Singh Rajput V.s The state of Madhya Pradesh Station and another passed in Misc. Criminal Case No.46602 of 2022 decided on 13.07.2023. It has been submitted that the age of the prosecutrix was 19 years and admittedly she was major at the relevant time as such the case of the applicant is not within the purview of rape. The ingredients of section 375 IPC is not made out. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 03.07.2022.
4. Ms. Madhulika Sarkar, learned A.G.A. has opposed the prayer for bail and has submitted that in the statement under section 164 Cr.P.C., the prosecutrrix has stated that the applicant had committed rape against her as such the bail of the applicant is liable to be rejected.
5. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument of consent and arguments that the medical report does not support the prosecution case and the statement of the prosecutrix recorded under section 164 Cr.P.C. as well as the aforesaid judgment relied by learned counsel for the applicant, I am of the opinion that the applicant is entitled to be released on bail .
6. Let the applicant, namely, Govind Pasi, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(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.
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 in this order.
Order Date :- 28.7.2023
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