Allowed

Deepak Rawat v. State of U.P. and 3 Others

Allahabad HC13 Sept 2023BAIL/37251/2023

Case brief

AI extract

What is this about?

Bail application allowed. Despite serious charges of abduction and sexual assault, the Court granted bail citing uncertainty of trial, jail overcrowding, and Article 21. The victim's statement suggested consent, though the court did not express an opinion on merits.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties each in the like amount subject to conditions regarding tampering with evidence and presence in court.

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

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Neutral Citation No. - 2023:AHC:177277

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37251 of 2023

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Applicant :- Deepak Rawat Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashutosh Mishra,Shailendra Kumar Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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List of fresh cases revised.

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Today lawyers are on strike. The liberty of an individual cannot be curtailed because lawyers are abstaining from court.

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Heard learned A.G.A. for the State and perused the material on record.

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Learned AGA informs that notice on opposite party no.2 has been served but no one has turned up to oppose this bail application.

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There is allegation against the applicant of abduction of minor girl with intent to marry and penetrative sexual assault.

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From the statement of the victim recorded under Section 164 Cr.P.C., she is clearly a consenting party. She has claimed her age as 19 years as per aadhar card and as per mark-sheet 17 years. She has not made any allegation of rape and abduction against the applicant. She has admitted marrying the applicant and having voluntarily physical relation-ship. Initially she had refused to get herself medically examined. Applicant alleges false implication. He is in jail since 27.02.2023 and has no criminal history to his credit.

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Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Deepak Rawat, involved in Case Crime No.45 of 2023,

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under Sections 363, 366, 376 I.P.C and 3/4 POCSO Act, Police Station Rasulabad, District- Kanpur Dehat 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.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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(v) 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.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 13.9.2023 SS

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Deepak Rawat v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Deepak Rawat v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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