High Court
Case Details
Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13322 of 2022 Applicant :- Rajaram Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.,Rajesh Kumar Chaudhary Hon'ble Saurabh Lavania,J.
Legal Reasoning
Heard A.K.Singh, Advocate holding brief of Sri Ashutosh Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant in F.I.R. No. 253 of 2021, under Sections- 342, 363, 366 IPC, Police Station Sonha, District Basti with the prayer to enlarge him on bail. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 31.01.2022. Learned counsel for the applicant submits that in the instant case, applicant has been implicated only with a view to pressurize the co-accused Sandeep alias Pradeep Gupta, who is the son of the applicant. It is further stated that the co-accused Sandeep alias Pradeep Gupta and the victim were having affair and were known to each other for the last three years and the victim was ill treated by her family members. Ill treatment of the family members was on account of the fact that they were pressurizing the victim to marry with a person who is a 12 years older to the victim. It is further stated that the considering the intention of the family members as also the ill treatment by them, the victim on her own volition went with the co-accused Sandeep alias Pradeep Gupta and coming to know about the FIR lodged by the mother, the victim and the co-accused Sandeep alias Pradeep Gupta came back to their native place. Thereafter on 25.12.2021, the statement of the victim was recorded as required under Section 161 Cr.P.C. In this statement, the victim has not supported the story of the prosecution. A bare perusal of the same would show that the victim on her own volition went with the co-accused Sandeep alias Pradeep Gupta and there is no role of the applicant. The victim has not made any allegation against the applicant in the statement made by her under Section 161 Cr.P.C. before the Investigating Officer. It is submitted that the medical examination was denied, as such the case of the prosecution is not supported with the medical opinion. It is further stated that on 06.01.2021, the statement of the victim as required under Section 164 Cr.P.C. was recorded. A conjoint reading of the statements made by victim under Sections 161 and 164 Cr.P.C. as also taking note of the period between the statements made by her would show that the statement made by the victim before the court concerned as required under Section 164 Cr.P.C. is tutored one and in this statement, the victim has leveled allegation against the co- accused Sandeep alias Pradeep Gupta as also against the allegations leveled against the applicant by the victim before the court concerned under Section 164 Cr.P.C. is improbable. Learned counsel for the applicant further stated that a bare perusal of the independent witnesses namely Tulsiram, Pujari Chauhan and Babbu annexed as Annexure-5 to the supplementary affidavit filed in support of bail application would show that no offence as indicated by the victim has been committed by the applicant. On the other hand from the statement of the independent witnesses, it can be deduced that the victim and the co-accused Sandeep alias Pradeep Gupta were having affair and on her own volition, the victim went with the co-accused. As such, the applicant is entitled to be released on bail. It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation. Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case. Learned AGA has also submitted that the age of the victim is 17 years, 11 months and 9 days and being so, she is minor and as such the applicant is not entitled to be released on bail. In response, learned counsel for the applicant submitted that the age as indicated by the prosecution is subject to the evidence adduced before the Trial Court and at this stage of the appeal, the benefit of pronouncements with regard to the determination of age is liable to be extended in favour of the applicant. Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances as also the the statements of victim recorded under Sections 161 and 164 Cr.P.C., medical opinion and the statements of independent witnesses and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail. Let applicant -Rajaram be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. Order Date :- 12.5.2022 Ashish Pd. Digitally signed by ASHISH PRASAD Date: 2022.05.17 14:08:15 IST Reason: Location: High Court of Judicature at Allahabad