In a bail application filed during trial for offences including rape under IPC and POCSO Act, the High Court granted bail to the applicant impressing upon reliance on Law of Evidence, upon record, upon record, upon record.
Application allowed; applicant released on bail with personal bond and two heavy sureties subject to specific conditions.
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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47472 of 2022 Applicant :- Amar Alias Vikki Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Pandey,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Sachin Malik
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Satyendra Narayan Singh, learned counsel for the applicant, learned Additional Government Advocate for the State, Mr. Sachin Malik, learned counsel for the first informant and perused the material available on record.
By means of this application, the applicant is seeking enlargement on bail during the trial in Case Crime No.412 of 2022, under Sections 363, 366, 376 IPC and 5/6 POCSO Act, Police Station Kotwali, District Muzaffar Nagar.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant has never committed any offence as alleged in the impugned FIR. There is no date and time has been mentioned in the impugned FIR and only allegation has been made that since several years, the applicant developed physical relation with daughter of the informant. The victim in her statement recorded under Section 164 Cr.P.C. has stated that about 3 years she was talking with the applicant and the applicant has committed continuing rape upon her in a hotel for the last two years whereas as per medical report, no internal and external injury has been found on the body of the victim. Also there is no opinion of the doctor of rape. The victim is major on the ground that she is getting study in intermediate. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 15.08.2022 having no previous criminal history.
Per contra, learned A.G.A. as well as learned counsel for first informant have vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused,
submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Let the applicant- Amar Alias Vikki involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(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 IPC.
(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., may be issued and if 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.
(iv) The applicant shall remain present, in person, before the Trial Court on 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 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 1.12.2022/Ajeet
Digitally signed by AJEET KUMAR PATEL Date: 2022.12.01 13:59:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail pending trial in a case alleging offence under Section 376 IPC and POCSO Act.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P.Referred¶8
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
3 provisions across 2 enactments
Amar Alias Vikki
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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