Allowed

Ram Kishore Shukla v. State of U.P.

Allahabad HC2 May 2018BAIL/16404/2018

Case brief

AI extract

What is this about?

This is a bail application where the applicant, accused of rape and related offences, claimed false implication and relationship with the victim. The court granted bail on personal bond and two sureties with stringent conditions against delay and absence.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties, subject to five strict conditions preventing adjournment and ensuring trial progress.

Ram Kishore Shukla Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 54

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16404 of 2018

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Applicant :- Ram Kishore Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Ramesh Kumar Mishra, learned counsel for the applicant, learned AGA and perused the record.

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Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that the applicant and the victim are husband and wife and after service notice under section 9 of the Hindu Marriage Act by the applicant on 12.02.2018 as a counter blast the instant FIR under sections 376, 328 and 506 IPC has been lodged on 18.02.2018 against the applicant by the prosecutrix herself. She has stated that her husband is a paternoster through which he sexually exploited her for full three years. The age of the victim is admittedly about 26 years. The applicant is in jail since 18.02.2018, having no criminal antecedents to his credit.

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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.

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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.

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Let the applicant Ram Kishore Shukla, involved in Case Crime No. 22 of 2018, under sections 376, 328 and 506 IPC, P.S. Mahewa Ghat, District Kaushambi be released on bail 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:-

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(i) 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.

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(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 IPC.

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(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., MAY BE ISSUED AND IF APPLICANT FAILS TO

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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 IPC.

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(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 HIM IN ACCORDANCE WITH LAW.

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(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.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court. Order Date :- 2.5.2018

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shailesh

Ram Kishore Shukla v. State of U.P.

Case brief

What is this about?

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Ram Kishore Shukla v. State of U.P.

Case brief

What is this about?

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