Allowed

Ramesh v. State of U.P. and Another

Allahabad HC3 Dec 2020BAIL/7953/2020

Case brief

AI extract

What is this about?

This bail application was allowed. The court held that despite the serious nature of the charges involving a minor, the applicant is entitled to bail subject to specific conditions regarding absence and tampering with evidence, considering the victim's statement variations on the timeline.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to strict conditions regarding attend

Ramesh Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7953 of 2020

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Applicant :- Ramesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Despite service, no one appears on behalf of opposite party no.2.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.228 of 2019, under Sections 363, 366, 376-D I.P.C. and Section 6 POCSO Act, Police Station Kyoladiya, District Bareilly.

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Learned counsel for the applicant submits that according to the FIR version, on 5.10.2019 in the morning, daughter of the informant, aged about 14 years, was enticed away by the applicant. It is also submitted that in her statement recorded u/s 161 Cr.P.C. victim has stated that, out of her own will, she has performed marriage with applicant in a temple and same statement was reiterated before the doctor also. In her statement u/s 164 Cr.P.C. she has stated that in the night at 12:00 hours of 5.10.2019, when she was returning from washroom, applicant, who is her uncle, called her and she went, thereafter, by pressing the mouth and putting her in a vehicle, took away her to Delhi and on the way, applicant and co-accused Vedpal both committed misdeed with her. He further submits that as per medical report, age of the victim is 16 years, in which, two years variation either side is possible. 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 the applicant is languishing in jail since 22.10.2019.

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Per contra, learned A.G.A. has opposed the bail prayer by contending that in her statement u/s 164 Cr.P.C. victim has levelled allegation against the applicant and as per FIR and medical report, victim was minor at the time of incident, therefore, he does not deserve any benevolence.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, radiological age and statement of victim u/s 161 Cr.P.C. stating therein that on calling went with applicant in the night at 12:00 hours and same statement given before the doctor, possible variation, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant- involved in the 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 :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) 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.

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(iii) 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.

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(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) 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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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

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any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 3.12.2020

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m.a.

Ramesh v. State of U.P. and Another

Case brief

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Ramesh v. State of U.P. and Another

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