High Court
Case Details
Neutral Citation No. - 2025:AHC:121889 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39439 of 2024 Applicant :- Vikki Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyendra Narayan Singh,Vikas Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Satyendra Narayan Singh, learned counsel for the applicant, Sri V.D. Ojha, learned A.G.A. for the State and perused the material on record. 3. Learned counsel for the state has drawn the attention of the Court to para-3 of his counter affidavit dated 11.12.2024 and submitted that notice has been served on the first informant/opposite party no. 2 on 24.10.2024. Proof of notice has also been placed before the Court which is annexure no. C.A.-1 to the said counter affidavit. 4. Despite service of notice no one appears on her behalf even in the revised list. Thus service of notice is sufficient. 5. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Vikki, seeking enlargement on bail during trial in connection with Case Crime No. 391 of 2024, under Sections 323, 376(3) I.P.C. and 5/6 POCSO Act, registered at P.S. Baraut, District- Baghpat. 6. The F.I.R. of the matter was lodged on 01.06.2024 by Smt. Rekha against Usman alleging therein that her daughter aged about 14 years is minor. On 30.5.2024 at about 03:00 p.m. when she was lying in the house and her daughter had gone to bring some articles from a shop, she did not return back even after sometime. She then came out and saw Usman who is her neighbour, taking her away. Till that time she could not understand about it and then went to the house of Usman and inquired about her daughter where she was abused. When she was coming at the Police Station to give a report Usman stopped her on the way and threatened her. An F.I.R. be lodged and action be taken. 7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is not named in the F.I.R. and his implication in the present matter has surfaced during investigation. It is submitted that co-accused Ashu, Smt. Rekha, Smt. Ombiri and Smt. Pinki have been granted bail by a co-ordinate Bench of this Court vide order dated 10.4.2025 passed in Criminal Misc. Bail Application No.41657 of 2024, vide order dated 14.2.2025 passed in Criminal Misc. Bail Application No.2466 of 2025, vide order dated 12.8.2024 passed in Criminal Misc. Bail Application No.28743 of 2024 and vide order dated 30.7.2024 passed in Criminal Misc. Bail Application No. 26009 of 2024 respectively, copies of the said orders have been produced before the Court which are taken on record. It is submitted that the victim was medically examined and as per certificate of C.M.O. concerned she was opined to be about 15-16 years and by giving benefit of variations of 02 years she would be a major girl. It is submitted that the applicant is having no criminal history as stated in para-21 of the affidavit and is in jail since 08.6.2024. 8. Per contra, learned State counsel opposed the prayer for bail. 9. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. The implication of the applicant in the present matter has surfaced during investigation. Co-accused Ashu, Smt. Rekha, Smt. Ombiri and Smt. Pinki have been granted bail by a co-ordinate Bench of this Court. 10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 11. Let the applicant- Vikki, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., 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, in accordance with law, under section 174-A I.P.C. (V) 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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 13. The bail application is allowed.
Decision
14. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 24.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad