This judgment grants bail to Alok Kushwaha in a criminal case under Sections 363, 366, 376, and 120B IPC. The Court found the applicant had made out a case without expressing an opinion on rival claims and released him on a personal bond with sureties.
Released on bail furnishing a personal bond with two sureties in the like amount.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10736 of 2022
Applicant :- Alok Kushwaha Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.The compliance which the learned AGA has filed through E-filing mode has shown to the Court. The opposite party no. 2 as per the compliance affidavit has been served.
Despite the notice, no one has appeared for the first informant to oppose the bail application.
This is an application for bail moved on behalf of the applicant, Alok Kushwaha, who is involved in Case Crime No. 13 of 2022, under Sections 363, 366, 376, 120B IPC I.P.C., Police Station- Bhognipur, District- Kanpur Dehat.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Learned counsel for the applicant further submitted that from the statements of the prosecutrix recorded under Sections 161 Cr.P.C.and 164 Cr.P.C. it is clear that there was absolutely no allegation of force being exercised by the applicant. Learned counsel for the applicant also submitted that there was no allegation of rape. He further submitted that no effort was made to determine the age of the prosecutrix by the method of ossification and, therefore, it could not with any certainty be said that the prosecutrix was below 18 years of age. It has been further submitted that the applicant has no criminal history. Further submission is that the charge sheet has been submitted
and no further investigation is required. The applicant is in jail since 9.1.2022. Therefore, if the applicant is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history.
In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.
The bail application is, accordingly, allowed.
Let the applicant, Alok Kushwaha, be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(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 the 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 his under Section 229A of the Indian Panel 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. be issued and if the applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel 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 charges 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 an abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 27.5.2022 PK
(Siddhartha Varma,J.)
Digitally signed by PRAVEEN KUMAR Date: 2022.05.31 16:33:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether application for bail in connection with cases under Sections 363, 366, 376, 120B IPC merits to be allowed.
Alok Kushwaha
State Of U.P
3 Others
Siddhartha Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
