High Court
Case Details
Neutral Citation No. - 2025:AHC:80410 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4714 of 2024 Applicant :- Vinod @ Kaku S/O Ram Nivas Opposite Party :- State Of Up Through Principal Secretary Gov Of Up Lucknow Counsel for Applicant :- Ajendra Kumar,G.A.,Jitendra Kumar Mishra,Rajesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Jitendra Kumar Mishra, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. Notice was issued to the opposite party no. 2/victim vide order dated 08.2.2024. Office vide its report date 06.5.2024 reported that notice has been served personally on the opposite party no. 2 as per the report of C.J.M. concerned which is dated 11.3.2024. Despite service no one appears on her behalf even in the revised list. Service of notice is thus sufficient. 4. Learned counsel for the State has filed an affidavit dated 06.11.2024 which is uploaded on the e-portal, perusal of which goes to show that the C.M.O., Kasganj vide his report dated 25.10.2024 has reported that the victim is aged about 19 years as per radiological report. 5. This is the second bail application under Section 439 of Code of Criminal Procedure filed by the applicant Vinod @ Kaku S/O Ram Nivas, seeking enlargement on bail during trial in connection with Case Crime No. 67 of 2022, under Section(s) 363, 366, 376 I.P.C. and 3/4 POCSO Act, registered at P.S. Sidhpura, District- Kasganj. 6. The first bail application of the applicant being Criminal Misc. Bail Application No. 43114 of 2022 was dismissed for want prosecution by this Court vide order dated 11.10.2023. 7. The F.I.R. of the matter was lodged on 3.5.2022 by Ajay Kumar against the applicant, Nanak, Sohil and Rahul with the allegation that his sister aged about 15 years had gone to the house of his brother-in-law/Laxman on 24.4.2022. On 03.5.2022 at about 3:30 P.M. the applicant allured and enticed her away with the help of other accused persons. She was seen going on a motorcycle. 8. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement under Sections 161 and 164 Cr.P.C. has stated that she went to various places through various modes with the applicant. It is submitted that the same goes to show that she had gone with consent and there was no resistance or objection by the victim. It is further submitted that the victim in her statement under Section 164 Cr.P.C. states that she went with the applicant out of her own sweet will. It is submitted that as per the certificate of C.M.O. concerned, the victim is major girl aged about 19 years. While placing para-12 of the affidavit it is submitted that investigation in the matter has concluded and a charge sheet has been submitted on 01.7.2022 being charge sheet no. 64 of 2022 under Sections 363, 366, 376, 506 I.P.C. and Section 3/4 POCSO Act against the applicant whereas the other accused persons have been charge sheeted under Section 506 I.P.C. only, upon which the concerned court has taken cognizance on 27.7.2022. It is argued that the applicant has no other criminal antecedents as stated in para-15 of the affidavit and is in jail since 22.5.2022. 9. Per contra, learned State counsel opposed the prayer for bail. 10. After having heard learned counsels for the parties and perusing the record, it is evident that the C.M.O. concerned has opined the age of the victim to be about 19 years. Investigation in the matter has concluded and charge sheet has been submitted against the applicant and other accused persons. The victim as per radiological examination is major girl. She travelled with the applicant to various places through various modes without any objection or resistance. 11. 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. 12. Let the applicant- Vinod @ Kaku S/O Ram Nivas, 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. 13. 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. 14. The bail application is allowed.
Decision
15. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad Order Date :- 15.5.2025/Naresh/e-File