High Court
Case Details
Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46206 of 2022 Applicant :- Harvansh @ Harvesh Opposite Party :- State of U.P. Counsel for Applicant :- Girish Kumar Yadav Counsel for Opposite Party :- G.A.,Ram Tiwari Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
Heard Mr. Girish Kumar Yadav, learned counsel for the applicant, Mr. Ram Tiwari, learned counsel for the informant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record of the present bail application. The present bail application has been filed by the applicant Harvansh @ Harvesh with a prayer to enlarge him on bail in Case Crime No. 216 of 2022, under Sections 498A, 376, 494, 323 IPC and 3/4 DP Act, Police Station Kela Devi, District Sambhal, during pendency of trial. As per prosecution case, an FIR has been lodged by Smt. Urmila, Bhabhi of the applicant against her husband and other family members as well as one neighbour with the allegations that she was mentally and physically tortured by her husband and other family members for additional demand of dowry. She gave birth to her first child after which the father-in-law, mother-in-law and the applicant threw her out of the house on 17.01.2021 and she gave birth to her second child at her parent's house. Due to intervention of mediator the informant returned to her in-laws place on 10.06.2022 and finding her alone the applicant entered in her room and committed rape upon her. She has also detailed about the fact that her husband has performed second marriage on 22.06.2022 with some other lady. Learned counsel for the applicant submits that the applicant is aged about 18 years old, being brother-in-law of the victim, has been falsely implicated in the present case in order to pressurize the other family members to settle the matrimonial discord between the brother of the applicant and the victim. He further submits that there are variations between the statements of victim recorded u/s 161 and 164 Cr.P.C., it seems that the story has been built up by making all these allegations against the applicant in order to exert pressure upon the other family members. There is delay in lodging the first information report as the date of occurrence has mentioned 10.06.2022 in the first information report and when she came to know about the second marriage of her husband on 22.06.2022, the present first information report has been lodged on 15.08.2022 without giving any plausible explanation for the same. Prior to 17.01.2021 apart from the allegations of harassment for additional demand of dowry there is no such allegation against the applicant of even trying to molest the victim or any such act in order to outrage the modesty of the victim has been made. It is for the first time when she came to know that brother of the applicant has performed her second marriage she made allegations against the applicant subsequently mentioning date of incident 10.06.2022. From the version of the first information report as well as statements recorded u/s 161 and 164 Cr.P.C. variations are found regarding the presence of other family members at the time of incident which goes to falsify the entire prosecution story as narrated by the victim. He further submits that applicant is 18 years old cannot be expected to do something as alleged to his 32 year old sister-in-law. He further submits that medical report of the victim does not corroborate the prosecution version. He lastly submits that applicant is a student of Class 12th and his detention in jail will ruin his carrier. It is next argued that there is no prospect of trial being concluded in near future due to heavy dockets. It is next submitted that the applicant is languishing in jail since 22.08.2022. It has been pointed out that the applicant has no criminal history. There is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Accordingly, he requests for bail. Per contra, learned A.G.A. as well as learned counsel for the informant has opposed the bail prayer of the applicant by contending that the crime is heinous in nature, however could not dispute the fact that the victim has not been sexually exploited. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- (i) 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. (ii) 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. (iii) 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 applicants 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. (iv) 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 the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 5.12.2022 Arti Digitally signed by ARTI SHARMA Date: 2022.12.08 12:03:49 IST Reason: Location: High Court of Judicature at Allahabad