Bail application filed by Ved Prakash challenging sections 376, 506 IPC. Court allowed bail based on lack of injury to victim, pregnancy, co-accused having bail, and no history of absconding. Prayers allowed with conditions.
Released on bail by furnishing personal bond and two sureties subject to conditions regarding court attendance.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48562 of 2022
Applicant :- Ved Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Shukla 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. 377 of 2022, under Sections 323, 328, 342, 376, 506/34 IPC, Police Station- Jaitipur, DistrictShahjahanpur.
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 submitted that the instant first information report has been lodged on the basis of an application under Section 156(3) Cr.P.C. As per the allegation made in the first information report, it is alleged that the victim was married to one Pradeep, however he died in an accident and as such, she started living at her parental house alongwith her daughter. It is further alleged that after sometime, the victim started living at the house of her aunt, where coaccused Vishnu is said to have committed rape on her after giving her some intoxicating substance in the tea, however subsequently forcibly detained her and pressurized her to marry him. It is further alleged that the applicant alongwith two others used to threaten her and took her thumb impression on blank paper and for the last one month, Vishnu and others assaulted her and have not permitted her to go back to Rustampur.
Learned counsel for the applicant has next submitted that the applicant has absolutely no role to play in the said incident. Even as per the prosecution own case, the allegation of rape is against the co-accused Vishnu and only role assigned to the applicant is that of threatening her. Learned counsel for the applicant has next submitted that infact the victim is a married woman and was in consensual relationship with Vishnu. Medical report of the victim shows that she is carrying a pregnancy of 13 weeks and thus was pressurising Vishnu to
marry. When he refused to marry her, the present first information report has been lodged by levelling false allegation against the applicant. Medical report further shows that no injury has been caused to the victim.
Learned counsel for the applicant has next submitted that coaccused Vishnu has already been granted bail by co-ordinate bench of this Court in Criminal Misc. Bail Application No. 48534 of 2022 vide order dated 2.11.2022 and the case of the applicant stands on the much better footing as that of coaccused, who has already been granted bail.
Learned counsel for the applicant has next submitted that the applicant is in jail since 18.8.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that co-accused Vishnu, who is infact the main accused, has already been granted bail by this Court and there is no injury on the person of the victim and she is carrying a pregnancy of 13 weeks.
Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that the instant first information report has been lodged on the basis of an application under Section 156(3) Cr.P.C. As per the allegation made in the first information report, it is alleged that the victim was married to one Pradeep, who died in an accident and as such, she started living at her parental house alongwith her daughter. After sometime, the victim started living at the house of her aunt, where co-accused Vishnu is said to have committed rape on her after giving her some intoxicating substance in the tea, however subsequently forcibly detained her and pressurized her to marry him. The applicant alongwith two others used to threaten her and took her thumb impression on a blank paper and for the last one month, Vishnu and two others assaulted her and have not permitted her to go back to Rustampur. The applicant has absolutely no role to play in the said incident. Even as per the prosecution own case, the allegation of rape is against the co-accused Vishnu and only role assigned to the applicant is that of threatening her. The victim is a married woman and appears to be in consensual relationship with Vishnu. Medical report of the victim shows that she is carrying a pregnancy of 13 weeks and thus was
pressurising Vishnu to marry her. When he refused to marry her, the present first information report has been lodged by levelling false allegation against the applicant. Medical report further shows that no injury has been caused to the victim. Co-accused Vishnu has already been granted bail by co-ordinate bench of this Court in Criminal Misc. Bail Application No. 48534 of 2022 vide order dated 2.11.2022 and the case of the applicant stands on the much better footing as that of co-accused, who has already been granted bail. Furthermore, the applicant is in jail since 18.8.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In the backdrop of the aforesaid facts and circumstances, prima facie a case for bail is made out.
Let the applicant- Ved Prakash be released on bail in the aforesaid case crime number 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 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 :- 5.12.2022 KU
Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.12.06 10:18:09 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant Ved Prakash warrants release on bail in the pending proceedings against him.
Whether special and exceptional circumstances exist to grant bail in offence of Sections 376, 506 IPC.
Ved Prakash
Rajiv Gupta
K U Siddiqui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
