Allowed

Vikash Rajpoot v. State of U.P. and 3 Others

Allahabad HC20 May 2022BAIL/19961/2022

Case brief

AI extract

What is this about?

High Court allowed bail to Vikash Rajpoot in a case of alleged abduction and rape (Sections 363, 366, 376 IPC, POCSO). The court noted the victim's voluntary travel and lack of medical evidence, imposing strict conditions for availability.

What did the court decide?

Released on bail on personal bond and two sureties with strict conditions of availability and non-interference.

Vikash Rajpoot Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19961 of 2022

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Applicant :- Vikash Rajpoot Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prashant Verma Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Learned AGA states that notice on the informant as also Child Welfare Committee with regard to present bail application has been served on 13.5.2022. None otherwise is present on their behalf.

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Heard learned counsel for the applicant and learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 121 of 2021, under Sections 363, 366, 376 I.P.C. and Section 3/4 of the Protection of Children From Sexual Offences Act, Police Station Sirsaganj, District Firozabad.

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As per the first information report allegation the daughter of informant aged about 16 years left her house at about 11 pm in the night with Rs. 1 lac and certain jewellery and despite efforts could not be traced. On inquiry the informant came to know that she has been enticed by the accused applicant and since the victim is not traceable, therefore, necessary action was sought.

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The statement of victim has been recorded under Sections 161 and 164 Cr.P.C. in which she has clearly stated that she had voluntarily gone with the accused applicant and travelled from Shikohabad to Delhi and again from Delhi to Jaipur and stayed together for 3-4 days. It is, however, alleged that physical relations were established against the wishes of the victim.

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Counsel for the applicant submits that in the medical examination age of the victim has been found 17 years and by grant of two year difference for any error etc in the estimation of age the victim ought to be treated as major. It is also stated that the victim left her house on her own volition and travelled to different districts alongwith the applicant which clearly shows that she had consented to the company of the applicant. It is also stated that there are no injuries and the plea of rape is not supported by medical evidence. Argument is that merely because subsequent in point of time marriage could not be solemnized cannot be a ground to implicate the applicant. It is lastly argued that the applicant is in jail since 30.3.2022 having no prior criminal history and the trial is

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not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.

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Learned AGA opposes the bail application but facts as have been urged on behalf of the applicant are not seriously disputed.

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Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that the victim left her house on her own volition and travelled to different districts alongwith the applicant; there are no injuries and the plea of rape is not supported by any medical evidence and the applicant has no criminal history, the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial.

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Let the applicant - Vikash Rajpoot involved in aforesaid case crime be released on bail on his 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:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) 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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(iv) 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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(v) 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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(vi) The applicant shall remain present, in person, before

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the trial court on the dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 sufÏcient 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 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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Accordingly, the present bail application is allowed.

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Order Date :- 20.5.2022 Ranjeet Sahu

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Digitally signed by RANJEET SAHU Date: 2022.05.20 19:30:23 IST Reason: Location: High Court of Judicature at Allahabad

Vikash Rajpoot v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vikash Rajpoot v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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