The single judge allowed a bail application in a rape and internet offence case, holding that the applicant made out a prima facie case for bail, subject to conditions preventing absence from court and ensuring speedy trial.
Released on bail on personal bond and two sureties subject to conditions of absence from court and speedy trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1073 of 2018
Applicant :- Lalit Keshore @ Babua Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri C.P. Tiwari, learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 304 of 2017, under Sections 376, 506 I.P.C. and 66E Information Technology Act, 2008, Police Station Charkhari, District Mahoba, is seeking enlargement on bail during the trial.
Learned counsel for the applicant in support of his application for bail submits that the prosecutrix is student of B.A. IIIrd year and the applicant is student of B.A. Ist year. It is further submitted that they have relationship for last seven months. The prosecutrix is a major and modern girl aged about 21 years. Learned counsel for the applicant has drawn the attention of the Court to Annexure-6 to the affidavit filed in support of bail application showing the photographs of the couple on the Social Media. It is alleged that there was an agreement of marriage between the applicant and the prosecutrix. It is next submitted that according to medical report, there is no injury over the external or internal part of the body of the prosecutrix. It is further submitted that the applicant has no criminal history and he is in jail since 2.11.2017.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Lalit Keshore @ Babua 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 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 the applicant, shall have serious repercussion on his/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 the condition mentioned above.
Order Date :- 9.4.2018 Rmk.
2 issues framed by the court
Whether the applicant is entitled to bail in the case of offences under Section 376 IPC and Section 66E IT Act.
Whether the applicant has made out a case for bail despite the serious nature of the offence.
7 provisions across 3 enactments
Lalit Keshore @ Babua
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
