In bail application under Sections 366, 376(1) IPC and PC Act, High Court held applicant made out fit case considering victim's own conduct. Bail allowed on personal bond and sureties with specific undertaking conditions.
Applicant released on bail on personal bond and two sureties with specific conditions.
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Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38355 of 2020
Applicant :- Rajesh Raikwar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shiv Kumar Singh Rajawat Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant (Rajesh Raikwar) , who is involved in Case Crime No. 83 of 2020, under Sections 366, 376 (1) IPC and 3/4 PCSO Act, Police Station-Babina, District-Jhansi, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that on 15.04.2020 mother of victim lodged the first information report with regard the alleged incident dated 06.03.2020 against the applicant for the offence under Section 366 IPC making allegation inter-alia that five months back her daughter was enticed away by the applicant and thereafter she was recovered from the possession of the applicant. Subsequently, on 06.03.2020 her daughter was again enticed away by the applicant. It is also submitted that victim has gone with the applicant along with Rs.50,000/- which was kept in the house. Learned counsel for the applicant next submits that victim is aged about 18 years and she was consenting party with the applicant but after recovery of victim she has made false allegation against the applicant in her statement recorded under Section 164 Cr.P.C. on the pressure of her parents. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 03.06.2020. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail but
could not dispute the fact that victim has left her house twice and on her own she will has gone with the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rajesh Raikwar 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 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 2.12.2020 Pr/-
1 issue framed by the court
Whether the applicant is entitled to bail during the trial under Sections 366, 376 IPC and PC Act.
Rajesh Raikwar
State Of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
