Hon'ble Court allowed bail to the applicant in a case involving Sections 363, 366, 376 IPC and POCSO. The Court noted the victim stated she voluntarily left with him, they married, and she is pregnant. The applicant had no prior criminal history.
Released on bail on furnishing a personal bond and two reliable sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43959 of 2022
Applicant :- Ravi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 100 of 2021, under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station Bhora Kalan, District Muzaffar Nagar, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Section 161 CrPC, in which, she has categorically stated that she had fallen in love with applicant and wanted to marry him and when this fact was known to her family members, they tried to settle her marriage at some other place, consequent thereto, on 18.07.2021, she had left her home with the applicant and had solemnized marriage and started living as husband and wife and wants to live with the applicant Ravi and is also carrying a pregnancy of two months out of their wedlock.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Section 164 CrPC, in which, she has categorically stated that she, out of her own free will and consent, had gone with the applicant and had already married him and is also carrying a pregnancy of two months.
Learned counsel for the applicant has next submitted that as per the School Leaving Certificate, date of birth of the victim is 01.05.2005, however, said certificate has been obtained after the incident. As per the medical opinion, victim has been found to be 18-19 years of age.
Learned counsel for the applicant has next submitted that
the applicant is in jail since 20.12.2021 and has no criminal history to his credit. The charge-sheet has already been submitted. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he may be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that in her statement recorded under Sections 161 and 164 CrPC, victim has stated that she, out of her own free will and consent, had gone with the applicant and had already married him and is carrying a pregnancy of two months.
Having considered the rival submissions made by learned counsel for the parties and on perusal of the statement of the victim recorded under Sections 161 and 164 CrPC, it is evident that she, out of her own free will and consent, had gone with the applicant on 18.07.2021 and had already solemnized marriage with him and is living as husband and wife and is also carrying a pregnancy of two months.
As per the medical opinion, victim has been found to be 18-19 years of age. Her date of birth, mentioned in the School Leaving Certificate, which was obtained subsequent to the incident, prima facie appears to be doubtful at this stage.
Furthermore, the applicant is in jail since 20.12.2021 and has no criminal history to his credit. The charge-sheet has already been submitted. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Ravi be released on bail in the aforesaid case on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(1). 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.
(2). 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 IPC.
(3). 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 IPC.
(4). 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 the 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 7.12.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.12.08 09:21:37 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant should be released on bail given the victim's statement of love marriage and pregnancy.
Whether the applicant poses a flight risk or chance of tampering with witnesses.
What conditions should be imposed on the release of the applicant on bail.
6 provisions across 3 enactments
Ravi
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
