This bail application was disposed of allowing the accused release on bail in a case involving serious sexual offences against a minor, subject to strict conditions to prevent interference with witnesses.
Accused released on bail by furnishing personal bond and two local sureties, subject to specific undertakings regarding witness safety and court attendance.
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. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28123 of 2020
Applicant :- Vikram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Despite service of notice, no one appears on behalf of informant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.45 of 2020, under Section 376, 506 I.P.C. & 3(2)(V) SC/ST Act & 5/6 POCSO Act, Police Station Kalwari, District Basti.
Learned counsel for the applicant submits that according to F.I.R. version on 18.02.2020 at about 9:00 p.m. victim aged about 15 years went out of her house to answer call of nature, applicant forcefully took away the victim by a motorcycle. In her statement before the doctor victim has stated that she knows the applicant for a year and since last for three-four months they established physical relationship with mutual consent. When her marriage was settled some where else, she refused to talk to the applicant, then applicant said her that till the time the marriage is not taken place he will meet her. In statement under Section 161 Cr.P.C., victim has stated that at 9:00 p.m. when she was going to answer call of nature along with her mother, applicant was standing along with his motorcycle and when she was a bit ahead, applicant forcefully got her on his motorcycle, she forbade that her mother is behind but by threatening he went away taking her to his poultry farm. In statement under Section 164 Cr.P.C., victim has reiterated the almost same version of statement as under Section 161 Cr.P.C. Radiological age of the victim has been ascertained 17 years, in which two years variation is possible and variation favourable to accused will be taken into account. He further submits that victim was a consenting party. The applicant has not committed the alleged offence. He has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse
the liberty of bail. It is next contended that there is no criminal history of the applicant and is languishing in jail since 21.02.2020.
Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that F.I.R. and statement under Sections 161 & 164 Cr.P.C. corroborate the version of prosecution case and as per rejection order information on 112 Dial was also given and during search applicant was found committing rape upon the victim, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, statement of the victim and her radiological age, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Vikram Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates 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 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.
(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. is issued and the 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 of the Indian Penal Code.
(iv) 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.12.2020 Jitendra
1 issue framed by the court
Whether the accused entitled to bail in a case involving rape, dacoity and offences under the SC/ST and POCSO Acts.
Vikram Singh
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
