High Court
Case Details
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13188 of 2022 Applicant :- Raj Sagar @ Kaptan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J. Learned AGA has filed counter affidavit on behalf of the State today in Court, which is taken on record.
Legal Reasoning
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application has been filed by the applicant seeking bail in Case Crime No. 508 of 2021, under Sections 363, 366, 376(2)N IPC and 5L/6 of POCSO Act, Police Station- Faridpur, District- Bareilly, during pendency of trial. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Section 161 Cr.P.C., in which, she has categorically stated that on 29.8.2021 at about 1:30 in the night, the victim had gone with the applicant by boarding a vehicle and had started living together in village Barsa Kheda in a room taken on rent and had also married him and started living as husband and wife. It has been further stated that she had gone with the applicant out of her own free-will and consent and was not enticed away by the applicant and with her consent physical relations were made between them. Even in the statement recorded under Section 164 Cr.P.C, she has categorically stated that she had gone with the applicant out of her own free-will and consent and started living in village- Barsa Kheda and in a temple had married the applicant and started living as husband and wife and made physical relations and she wants to stay with the applicant and is living happily with him. Learned counsel for the applicant has next submitted that victim had also refused to get her medically examined. Learned counsel for the applicant has next submitted that applicant is in jail since 24.10.2021 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail. Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the fact that in the statement of the victim recorded under Section 161 Cr.P.C. as well as 164 Cr.P.C., the victim has stated that she had gone with the applicant out of her own free-will and consent. The applicant is in jail since 24.10.2021 and has no criminal history to his credit. Having considered the rival submissions made by learned counsel for both the parties and taking into consideration the fact that in the statement of the victim recorded under Section 161 and 164 Cr.P.C. she has categorically stated that she out of her own free-will and consent, had gone with the applicant by boarding a vehicle and started living in village- Barsa Kheda and had married him in a temple and started living as husband and wife and made physical relations with him. The victim had refused to get her medically examined and wants to stay with her husband and is living happily with him as husband and wife, as such, prima facie a case for bail is made out. Furthermore, the applicant is in jail since 24.10.2021 and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. Let the applicant Raj Sagar @ Kaptan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:- (1). 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. (2). 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 IPC. (3). 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 IPC. (4). 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 clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. 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. The bail application is accordingly allowed. Order Date :- 5.7.2022 KU Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.07.06 10:02:35 IST Reason: Location: High Court of Judicature at Allahabad