Allowed

Rinku v. State of U.P.

Allahabad HC3 May 2018BAIL/15984/2018

Case brief

AI extract

What is this about?

Court granted bail to applicant Rinku in a case involving Sections 363, 366, 376D IPC and POCSO Act. Bail was allowed as applicant is innocent and prosecution case lost sanctity due to victim's contradictory statement. Conditions imposed include appearance in court and prompt trial conclusion.

What did the court decide?

Released on bail with personal bond and two sureties subject to strict conditions regarding court appearance and trial conduct.

Rinku Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

¶1

Court No. - 54

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15984 of 2018

¶3

Applicant :- Rinku Opposite Party :- State Of U.P. Counsel for Applicant :- Vishnu Kant Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard learned counsel for the applicant, learned AGA and perused the record.

¶6

By means of this application, the applicant who is involved in case crime no. 31 of 2014, under Sections 363, 366, 376D IPC and 3/4 POCSO Act, P.S. Rampura, District- Jalaun is seeking enlargement on bail during the trial.

¶7

Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the FIR was registered under sections 363, 366, 376 IPC and 3/4 POCSO Act on 07.01.2014 for the incident said to have taken place on 12.11.2013 against three named accused persons Kallu, Neelu and Rinku-the present applicant. It is further submitted that the co-accused Neelu was enlarged on bail by this court vide order dated 02.04.2018. Though in the statement of the prosecutrix recorded u/s 164 Cr.P.C. she has stated that she has solemnized marriage with co-accused Neelu and now the couple is blessed with a son. In her statement recorded 164 Cr.P.C. she has attributed the role of committing rape to all the three named accused persons but when she was examined as PW1 and confronted with her statement recorded u/s 164 Cr.P.C. she wriggled out from her statement and candidly stated that the statement recorded under section 164 Cr.P.C. was given by her under the threat of her parents and thus she could not narrate the correct version before the Magistrate at the relevant point of time. In no uncertain terms she has stated that she was never subjected to rape by all the three named accused persons. As per the medical report, her age is about 18 years. Giving totality of the circumstances where in the PW-1 the victim herself has refused to support the prosecution case, the instant case has lost its sanctity. It is next submitted that the applicant is in jail since 06.01.2018 having no criminal antecedents except the present one.

¶8

Learned AGA opposed the prayer for bail but could not dispute the

¶9

aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

¶10

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 fit case for bail.

¶11

Let the applicant Rinku , be released on bail in the aforesaid case crime number no. 31 of 2014, under sections 363, 366, 376-D IPC and 3/4 of the POCSO Act, P.S. Rampura, District Jalaun .

¶12

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:-

¶13

(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.

¶14

(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.

¶15

(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.

¶16

(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.

¶17

(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE

¶18

EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

¶19

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.

¶20

Order Date :- 3.5.2018 Nisha

Rinku v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rinku v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyam Sunder Chauhan Vs State of U.P.

Shubham Raj @ Akash Raj Vs State of U.P.

Ram Kishore Shukla Vs State of U.P.

Mohd. Rais Vs State of U.P.

Naushad Vs State of U.P.

Mannu @ Manoj Kumar Vs State of U.P.