Allahabad High Court
Ramkishan @ Rohit Sharma vs State Of U.P. on 3 July, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:107945
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22229 of 2024
Applicant :- Ramkishan @ Rohit Sharma
Opposite Party :- State of U.P.
Counsel for Applicant :- Rohit Shukla
Counsel for Opposite Party :- G.A.,Upendra Kumar Pushkar
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Rohit Shukla, learned counsel for the applicant and Sri Upendra Kumar Pushkar, learned counsel for the informant as well as Sri Rajendra Prasad Shukla, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 146 of 2024, under Sections 376, 420, 406, 504, 506 of I.P.C., Police Station - Bannadevi, District - Aligarh, during the pendency of trial.
4. As per prosecution story, the victim is stated to be a widow having two siblings. The applicant is stated to have befriended her and established corporeal relation with her on the false promise of marriage and when she got pregnant, he is stated to have refused to marry her and left her in a lurch and had even duped her to the tune of Rs.15 lakhs.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR. He is a medical practitioner practicing in dental surgery. The victim was a nurse. Learned counsel has placed much reliance on the judgments of Supreme 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.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Criminal history of one case assigned to the applicant stands explained in the supplementary affidavit. The applicant is languishing in jail since 08.04.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.
7. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.
9. In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any material that applicant in past attempted to evade the process of law. If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground of criminal antecedent.
10. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 (10) SCC 51. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.
11. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA.
12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, 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.
13. Let the applicant- Ramkishan @ Rohit Sharma, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
15. 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:- 3.7.2024
Siddhant
(Justice Krishan Pahal)
