Ranjan Rajbhar v. State Of U.P. And 3 Others

The applicant has no criminal history. The applicant is languishing in jail since 21.08.2021. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, applicant does not deserve any indulgence. It is further submitted that as per date of birth mentioned in the high school certificate, the victim is minor. In case, the applicant is released on bail he will misuse the bail. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, further considering the statement of victim recorded under Sections 161 and 164 Cr.P.C. that she had voluntarily gone and lived with the applicant as wife and that the question as to whether the victim misled the applicant regarding the age that she is major as contended by learned counsel for the applicant can be seen at the time of trial and nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.

Let the applicant- Ranjan Rajbhar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(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 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.

(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 applicant 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. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Accordingly, the bail application is allowed. Order Date :- 27.3.2023/R.S. Tiwari RAVI SHANKAR TIWARI High Court of Judicature at Allahabad