Allahabad High Court
Raja Kumar Kol vs State Of U.P. on 14 March, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54648 of 2022
Applicant :- Raja Kumar Kol
Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Yadav
Counsel for Opposite Party :- G.A.,Krishna Kant Yadav
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Vinod Kumar Yadav, learned counsel for the applicant as well as Sri Krishna Kant Yadav, learned counsel for the informant and Sri R.P. Patel, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed u/s 439 of Cr.P.C. on behalf of the applicant with a prayer to release him on bail in Case Crime No. 353 of 2020, under Sections 376, 147, 323, 504, 506 of IPC, Police Station Ghurpur, District Prayagraj, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have entered into corporeal relationship with the informant on the false pretext of marrying her for a period of one year and later on he is stated to have refused to marry her.
5. It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. He has nothing to do with the said offence. Learned counsel has placed much reliance on the judgments of Apex Court passed in case of Pramod Suryabhan Pawar vs. State of Maharashtra and Another reported in 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, reported in 2022 SCC OnLine SC 886, wherein it has been stated that entering into any kind of corporeal relationship with a person on the pretext of getting marriage cannot be termed as rape. Learned counsel has further stated that the victim herself has stated that she is the wife of the applicant as such the prosecution story stands falsified. The applicant is languishing in jail since 04.06.2022 having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.
6. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
7. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, stage of trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, I find it a fit case for releasing the applicant on bail.
8. Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Raja Kumar Kol involved in aforesaid 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 that :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 14.3.2023/Siddhant
