Allowed

Raja v. State of U.P. and 3 Others

Allahabad HC6 Apr 2023BAIL/12940/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Raja, accused of offences under IPC and POCSO regarding a 13-year-old girl, by imposing strict conditions including appearing for critical trial stages and filing an undertaking against adjournments.

What did the court decide?

Release on bail with a personal bond and two heavy local sureties, subject to four specific conditions regarding court appearances and undertakings.

Raja Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12940 of 2023

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Applicant :- Raja Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prabhat Kumar Singh,Jitendra Nath Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

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Sri Deepika Tiwari and Rajat Singh, learned counsel have filed their power on behalf of the informant today in the Court is taken on record. Heard learned counsel for the applicant, learned A.G.A for the State, learned counsel for the informant and perused the record.

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The prosecution story in brief is that on 13.11.2022 the daughter of the informant aged about 13 years has been enticed away by the applicant and when she returned, she told that she was misbehaved and dragged by the applicant, but she some how ran away. Learned counsel for the applicant submits that the victim in her statement recorded under Section 164 Cr.P.C. has categorically stated that on 13.11.2022, her parents and her elder brothers were sleeping in the verandah, in the meantime, the applicant came and dragged her towards the toilet and had committed wrong, when her brothers did not see her on the bed, they came with a torch on seeing them, the applicant ran away. Learned counsel for the applicant submits that it is highly improbable that where the mother, father, brothers of the victim were sleeping in a verandah and in that situation, the applicant came and dragged he victim and committed rape and that the victim has not raised any alarm. Learned counsel further argued that in fact, the victim is a consenting party, furthermore the medical evidence also does not corroborates with the prosecution version.He next submits therefore, no offence against

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the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 20.11.2022 having no criminal history.

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Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Raja involved in Case Crime No.311 of 2022 under Sections 363, 376 (3) I.P.C., and Section 3 (Kha)/4 Prevention of Children from Sexual Offence Act, 2012, Police Station Chaubeypur, District Kanpur Nagar, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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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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 of the Indian Penal Code.

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III. In case, the applicant misuses the liberty of bail 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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IV. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 6.4.2023/S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Raja v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Raja v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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