The High Court allowed the bail application of Rama Shankar Gautam accused of offences under IPC and POCSO Act. The court found it a fit case for bail, subject to conditions.
Applicant released on bail with personal bond and two sureties under specific conditions.
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.
Neutral Citation No. - 2023:AHC:126115
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20452 of 2023 Applicant :- Rama Shankar Gautam Opposite Party :- State Of Uttar Pradesh And 3 Others Counsel for Applicant :- Akhilesh Kumar,Sandeep Kumar Sharma Counsel for Opposite Party :- G.A.,Narendra Deo Shukla,Vivek Shukla
Hon'ble Vipin Chandra Dixit,J.
List has been revised. No one is present on behalf of opposite party no.2/informant.
No counter affidavit has been filed by any of the opposite party.
Heard Sri Akhilesh Kumar, learned counsel for the applicant, learned AGA for the State and perused the material on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The victim is in love relation with applicant and physical relations were developed with the consent of the victim. The statements of victim were recorded under Sections 161 and 164 Cr.P.C. in which she has stated that she went with applicant out of her sweet will and physical relations were developed with her consent. The age of the victim is 18 years as per report of Chief Medical Officer, Jaunpur dated 15.2.2023. Lastly, it is submitted that since the victim is major and physical relations were developed with her consent, no offence of rape is made out against the applicant. There is no criminal history of the applicant. He next submits that the applicant is in jail since 28.3.2023 and if he is released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the 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. The bail application is allowed.
Let applicant-Rama Shankar Gautam be released on bail in Case Crime No. 13 of 2023, under Sections 363, 366, 376(3), 313 IPC and Section 3/4 POCSO Act, registered at P.S. Machlishahar, District Jaunpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned,
subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 12.6.2023
Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application for bail under Sections 363, 366, 376, 313 IPC and POCSO Act should be allowed.
Rama Shankar Gautam
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
