Nikhil Kumar Bhartiya Vs State of U.P and 3 Others

Neutral Citation No. - 2023:AHC:136415

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54738 of 2022

Applicant :- Nikhil Kumar Bhartiya Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.,Joveen Kumar

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Hon'ble Siddharth,J.

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List revised. No one appears on behalf of the informant.

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Heard Shri Pradeep Kumar Tiwari, learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Nikhil Kumar Bhartiya, with a prayer to release him on bail in Case Crime No. 231 of 2022, under Sections 363,366,506,114,376,328,120-B IPC and section 3/4 POCSO Act Police Station Ghoorpur, District- Allahabad, during pendency of trial.

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There is allegation in the First Information Report that victim was abducted by the applicant. The family members of the applicant threatened the informant and demanded money.Applicant is alleged to have committed offence of rape against the victim, who is stated to be minor.Learned counsel for the applicant has submitted that medical report of the victim does not supports the prosecution case. As per statement of the victim under section 164 Cr.P.C. she eloped with applicant, entered into physical relationship and married the applicant in Arya Samaj Mandir. As per radiological report of the victim she is aged about 19 years.It is a case of false implication. Before the doctor she admitted that she married the applicant without the consent of her parents. The applicant is in jail since 16.7.2022 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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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; considering the dictum of Apex Court in the 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 ; 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 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer;

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The applicant shall file an undertaking to the

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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 to ensure presence of the applicant.

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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 sufÏcient 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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Order Date :- 11.7.2023

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Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Nikhil Kumar Bhartiya v. State of U.P and 3 Others

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Nikhil Kumar Bhartiya v. State of U.P and 3 Others

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