Allahabad High Court
Ramu @ Badanka vs State Of U.P. And 3 Others on 3 October, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:189154
Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38754 of 2023
Applicant :- Ramu @ Badanka
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Rinki Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Smt. Rinki Gupta, learned counsel for applicant and learned AGA for State.
2. This is second bail application filed by applicant-Ramu alias Badanka in Case Crime No. 205 of 2022, under Sections 376(3), 504 IPC and 3/4(2) of POCSO Act, Police Station Ikdil, District Etawah. First bail application for applicant was disposed of vide order dated 07.04.2023 by giving following reasons:
?Learned counsel for applicant has submitted that it is a case of false implication and has referred that ultrasound report that age of fetus does not correlate with timing of first relationship between applicant and victim. However, the statement of victim remains consistent about her physical relationship with applicant.
There is merit in argument of learned counsel for applicant regarding age of fetus, still considering that age of victim being about 17 years and till date her statement has not been recorded before Trial Court and that she has made a specific allegation of rape against applicant in her statement, therefore, at this stage, I do not find any ground to grant bail to applicant, hence, prayer for bail is rejected.
However, this application is disposed of with direction that Trial Court shall take all endeavour to record statement of victim expeditiously, preferably within a period of three months from today, if there is no legal impediment and thereafter applicant will be at liberty to file a fresh bail application before Trial Court.?
3. Learned counsel for applicant submits that subsequently out of eight proposed witnesses statement of victim as well as First Informant has been recorded and she refers their statements annexed alongwith this application that both have not supported case of prosecution and were declared hostile.
4. Learned AGA appearing for State has not able to confront the aforesaid submission based on record available alongwith this application.
5. In above circumstances, though in view of judgment passed by Supreme Court in Hemudan Nanbha Gadhvi vs. State of Gujarat (2019) 17 SCC 523, Trial Court is still at liberty to consider the statements of victim as well as First Informant, however, considering the nature of evidence at this stage, as referred above, the applicant, who is in jail since 08.10.2022, has made out a case of bail.
6. However, applicant is directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately.
7. Let the applicant-Ramu alias Badanka be released on bail in the aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.
8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
9. The bail application is allowed.
10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
Order Date :- 3.10.2023
AK
