High Court
Case Details
Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45648 of 2021 Applicant :- Vijaypal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Legal Reasoning
Heard Mr. Sanjeev Kumar Singh, learned counsel for applicant and learned A.G.A. for State. Perused the record. This application for bail has been filed by applicant- Vijaypal Yadav in connection with Case Crime No.247 of 2021, under sections 376(2)(n), 328, 313 I.P.C., Police Station- Sahjanwa, District- Gorakhpur, during pendency of trial. Record shows that in respect of an incident, which is alleged to have occurred on 10.06.2021, a delayed F.I.R. dated 25.07.2021 was lodged by first informant- Fonu and was registered as Case Crime No.247 of 2021, under sections 376(2)(n), 328, 313 I.P.C., Police Station- Sahjanwa, District- Gorakhpur. In the aforesaid F.I.R., applicant- Vijaypal Yadav has been nominated as solitary named accused. According to the prosecution story as unfolded in F.I.R., it is alleged that named accused i.e. applicant dislodged the modesty of first informant (prosecutrix) on false promise of marriage. Subsequent to aforesaid F.I.R., statement of prosecutrix was recorded by Investigating Officer under section 161 Cr.P.C. This was followed by the medical examination of the prosecutrix. Her Medico Legal Report is on record as Annexure-4 to the affidavit. The Chief Medical Officer, Gorakhpur has further submitted the radiological report. Thereafter, the statement of prosecutrix was recorded under section 164 Cr.P.C., wherein she has stated that she is aged about 18 years. Prosecutrix has supported the prosecution story as unfolded in the F.I.R. in her aforesaid statement. Investigating Officer proceeded with statutory investigation in aforementioned case crime number in terms of Chapter XII Cr.P.C. During the course of investigation, Investigating Officer examined first informant, prosecutrix and other witnesses and collected other material, which according to the Investigating Officer is adverse to applicant. Accordingly, Investigating Officer has submitted charge-sheet against applicant. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in aforementioned case crime number. Allegations made in F.I.R. are false and concocted. As such, applicant is being falsely prosecuted in aforementioned case crime number. It is then submitted that prosecutrix is major and she is a consenting party. As such, no offence as alleged in the F.I.R. is made out against applicant. Learned counsel for applicant has also referred to the judgement of Apex Court in Pramod Suryabhan Pawar Vs. State of Maharashtra and Another, (2019) 9 SCC 608. It is lastly contended that applicant is a man of clean antecedents, inasmuch as, he has no criminal history to his credit except the present one. Applicant is in jail since 26.07.2021. As such, he has undergone more than six months of incarceration. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with the trial. On the cumulative strength of above, learned counsel for applicant contends that applicant is liable to be enlarged on bail. Per contra, the learned A.G.A. has opposed this application for bail. Learned A.G.A. submits that applicant is a charge-sheeted accused. As such, he does not deserved any sympathy of this Court. However, learned A.G.A. could not dispute the facts noted above, nor could he point out any such material on the basis of which, bail of applicant can be denied. Having heard learned counsel for applicant, learned A.G.A. for State, upon perusal of record and keeping in view the nature of offence, evidence, complicity of accused and accusations made but without expressing any opinion on the merits of case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed. Let the applicant, Vijaypal Yadav be released on bail in aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned with the following conditions which are being imposed in the interest of justice:- (i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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. (ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC. (iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC. (iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW. (v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT. However, it is made clear that any wilful violation of above conditions by applicant, shall have serious repercussion on her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of condition mentioned above. Order Date :- 8.2.2022 Saif Digitally signed by SHAIKH SAIF ABDIN Date: 2022.02.08 19:28:21 IST Reason: Location: High Court of Judicature at Allahabad