Allowed

Ajeet v. State of U.P.

Allahabad HC22 Jun 2021BAIL/6896/2021

Case brief

AI extract

What is this about?

In a bail application under a case involving kidnapping, abduction, and sexual offences against a minor, the court observed the case as borderline based on the victim's statement indicating willingness. The court ordered the applicant's release on bail with personal bond and sureties subject to conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties of like amount with conditions.

Ajeet Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6896 of 2021

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Applicant :- Ajeet Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Learned counsel for the applicant is virtually connected through video conferencing and learned A.G.A. is personally present in Court for the hearing of this case.

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From perusal of the letter of concerned C.J.M. dated 10.06.2021, it appears that opposite party no. 2 has been served but none has put in appearance on behalf of opposite party no. 2.

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Heard learned counsel for the parties.

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The present bail application has been filed by the applicant Ajeet with a prayer to enlarge him on bail in Case Crime No. 115 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 P.O.C.S.O. Act, Police Station Sumerpur, District Hamirpur.

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The first information report has been lodged by informant Ram Sajivan in respect of incident dated 12.03.2020 on the next day with the allegation that his daughter went to ease up in the early morning but she did not return. It was suspected that accusedapplicant has eloped her with the help of his father.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that the statement of the victim was recorded under Sections 161 and 164 Cr.P.C. and before Magistrate she has stated that she voluntarily went with the accused-applicant and solemnized marriage with him and as they were in love

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relationship for the last 5-6 years. The also did not allow herself to be medically examined. It has further been submitted that the date of birth of the victim as per her fifth class mark sheet is shown to be 05.07.2020 and as such she is is about 17 years and 8 months. The accused-applicant is prepared to furnish the surety and bond and is giving undertaking that he will cooperate in trial. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility 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. The applicant has been in jail since 08.06.2020, hence, he is entitled to bail.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has already filed charge sheet in the matter. He has also submitted that the victim was below 18 years in age when the offence was committed, therefore, the offence is serious and the accused-applicant is not entitled to be released on bail.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also the fact that the present case is a border line case and the statement of the victim recorded under Section 164 Cr.P.C. shows the willingness on the part of victim, therefore, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two 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 co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 22.6.2021 sailesh

Ajeet v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajeet v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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