Single judge allowed bail to the applicant in a case involving charges of abducting, kidnapping, and raping a minor daughter, finding it a fit case for bail at this stage while imposing conditions to ensure appearance in court.
Released on bail on furnishing a personal bond and two sureties subject to specific conditions of appearance and trial timeline.
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. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53080 of 2022 Applicant :- Ripu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
The applicant seeks bail in Case Crime No. 160 of 2022, under Sections 363, 366, 376, 506 IPC, P.S. Bharthana, District Etawah.
As per prosecution story, applicant along with other co accused persons are said to have enticed away the minor daughter of the informant.
Initially, FIR was lodged under Sections 363, 366, 506 IPC on 18.05.2022 and after recovery of the victim on 15.6.2022, allegation of rape has been made. The victim in her statement under Section 164 Cr.P.C. has stated that four accused persons have committed rape upon her and thereafter three accused persons have been exonerated except the present applicant.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that statements said to have been recorded under Sections 161 & 164 Cr.P.C. are contradictory in nature. It is further submitted that entire prosecution story is false and no such offence has been committed by the applicant. It is further stated that the incident took place on 17.5.2022 and the victim has been recovered on 15.6.2022 after about one month and the victim never raised any alarm, this itself shows that she was consenting party. There is no injury found on the person of the victim and there is also no definite opinion of rape by the doctor. It is further submitted that as per high-school certificate wherein her date of birth is mentioned as 3.5.2001 and as per which on the date of incident victim was major being 21 years of age. The applicant is in jail since 17.06.2022 and has no criminal history. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case.
Let the applicant- Ripu, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(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 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 :- 23.11.2022/RavindraKSingh
Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.11.23 16:53:27 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, facing severe charges including rape and abduction of a minor, is eligible for bail.
4 provisions across 2 enactments
Ripu
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
