This judgment grants bail to the accused Deepak in a criminal case involving rape and kidnapping charges. The court observed that prima facie, a case for bail has been made out, without expressing an opinion on the merits of the case.
The applicant Deepak is released on bail on furnishing a personal bond and two local sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27904 of 2020
Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.,Vinod Kumar Tiwari
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 38 of 2020 under Sections 364, 342, 506, 376-D, 328 IPC, Police Station - Baldeo, District - Mathura with the prayer to enlarge the applicant on bail.
The first information report of this incident was lodged by the victim herself. It was alleged in the first information report that the victim was married on 07.05.2014 with Mahesh son of Ram Gopal and in the night of 12.02.2020 at about 12:30 A.M. when she went out of her house to attend the call of nature, she was forcibly taken away by the named co-accused Ajeet son of Jal Singh. It was also mentioned in the report that co-accused Ajeet gave some intoxicating substance to the alleged victim and she became unconscious and when she regained her consciousness, she found herself in a room. It is also alleged in the report that she was raped many times by named accused Ajeet and Deepak. It is also mentioned in the FIR that in the night of 19.02.2020 she ran away and reached to her house at Hathaini where she narrated the entire matter to her family members, but she became ill and the report could not be lodged till 22.02.2020.
The contention as raised at the Bar by learned counsel for the applicant is that the present applicant Deepak is quite innocent and he has been falsely implicated in the present case just because he is friend of co-accused Ajeet with whom the alleged victim was having consensual relations and the alleged victim had gone out with the co-accused Ajeet with her own sweet will and lived with co-accused Ajeet. It is further submitted that there was consensual relations between co-accused Ajeet and the alleged victim, which is itself evident from the photographs of co-accused Ajeet and the alleged victim which are annexed on page No. 51 onward; she was having consensual relations with the co-accused Ajeet is also evident from the whats app chatting done between the co-accused Ajeet and the alleged victim/complainant. The learned counsel also argues that it is quite strange that the victim was allegedly abducted from the outside of her house but the matter was not reported to the police by any of the members of the victim's family or her in-laws. Lastly, it is argued that the applicant is in jail since 26.02.2020 and in case of being released from jail applicant will not misuse the liberty of bail.
Sri Vinod Tiwari, learned counsel appearing on behalf of the complainant vehemently opposes the bail application and has submitted that the bail application of the co-accused has been rejected by another bench of this Court and the present accused Deepak was also nominated by the alleged victim in her statement recorded under Section 164 Cr.P.C., therefore, the
bail application of the present accused Deepak also is liable to be rejected. Learned A.G.A. has also opposed the prayer for bail.But he has not disputed the fact that the matter was not reported to the police by her family members or her just after the abduction of the alleged victim
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Deepak involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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 of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.12.2020 LBY
2 issues framed by the court
Whether bail is maintainable in a case involving charges of rape and kidnapping where the applicant claims false implication.
Whether the applicant has made out a prima facie case for bail to be granted.
2 provisions across 1 enactments
Deepak
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
