Allowed

Dhaniram Alias Jitendra Singh v. State of U.P Thru. Prin. Secy. Depart . of Home and Others

Allahabad HC13 Dec 2022/1152/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the accused-applicant in an FIR involving kidnapping, rape, and POCSO charges against a minor. The court noted disputes regarding elopement and forced testimony but ultimately allowed bail subject to reasonable conditions.

What did the court decide?

Applicant released on bail with personal bond, two sureties, and undertaking not to seek adjournments or misuse bail during trial.

Dhaniram Alias Jitendra Singh Vs State of U.P Thru. Prin… — Bail and Remand | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1152 of 2022

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Applicant :- Dhaniram Alias Jitendra Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Depart . Of Home And Others

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Counsel for Applicant :- Ram Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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

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The present application under Section 439 Cr.P.C. has been filed by the applicant Dhaniram alias Jitendra Singh seeking bail in FIR/ Case Crime No. 313 of 2020 under Sections 363, 366, 376, 506, 342 IPC and section 3/4, Protection of Children from Sexual Offences Act, 2012, and section 3(2)(v), the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Hasanganj, District Unnao.

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As per the allegations in the first information report the prosecutrix, aged around 19 years, had gone missing on 1st December 2020 at around 11 p.m. The complainant/father of the prosecutrix got information that it was the accused-applicant who had enticed her away and she was keeping her with him. He suspected that the accused-applicant would either sell the prosecutrix or would kill her.

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The prosecutrix was recovered after 7 days from the date of incident of going her missing. She was subjected to medical examination and her radiological age was determined to be 17 years. In her statement recorded under section 164 CrPC she said that on 1st December 2020 when she had come out of her residence to defecate, the accused-applicant forcibly took her with him. She would not know where the accused-applicant kept her, but she alleged that the accused-applicant had established physical relations with her forcibly.

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Shri Ramchandra Dwivedi, learned counsel for the accusedapplicant submits that the the accused-applicant was 19 years of age at the time of incident as was the prosecutrix as per the FIR. They were in love. The had eloped together, but under the pressure of her family the prosecutrix had made statement against the accused-applicant under section 164 CrPC. Shri Dwivedi further submits that the accused-applicant has been in jail since 26th February 2021. It has also been stated that though the trial has commenced, but it is moving at a very slow

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speed, in as much as only the complainant's evidence has been recorded so far.

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Shri JP Roy, learned additional government advocate has opposed the bail application, but has not disputed the factual aspect of the matter.

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Considering the aforesaid facts and circumstances of the case this Court is of the view that the accused-applicant is entitled to be enlarged on bail. The bail-application is allowed.

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Let applicant Dhaniram alias Jitendra Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(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.

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(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.

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(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.

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(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.

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( Dinesh Kumar Singh, J. )

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Order Date :- 13.12.2022 A.Nigam

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Digitally signed by ANUJ NIGAM Date: 2022.12.17 17:30:26 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Dhaniram Alias Jitendra Singh v. State of U.P Thru. Prin. Secy. Depart . of Home and Others

Case brief

What is this about?

What did the court decide?

Dhaniram Alias Jitendra Singh v. State of U.P Thru. Prin. Secy. Depart . of Home and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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