This bail application was allowed confirming earlier interim bail. The applicant, accused of rape and POCSO offences, was granted bail conditioned upon marriage registration with the victim, which was subsequently filed in compliance.
Interim bail for two months confirmed and allowed on same terms and conditions including marriage registration.
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Neutral Citation No. - 2023:AHC:191565
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8353 of 2023
Applicant :- Jitendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shivendra Nath Singh,Mahesh Prasad Yadav,Sandhya
Counsel for Opposite Party :- G.A.,Sandeep Kumar Tripathi
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
On 9.8.2023 the following order was passed by this Court:-
"List has been revised.
Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Jitendra, with a prayer to release him on bail in Case Crime No. 178 of 2022, under Sections 363, 376(3), 376(2), 376(2)N IPC and 4(2)/6 POCSO Act, Police Station Visharatganj, District- Bareilly, during pendency of trial.
There is allegation of abduction of a minor girl, committing the offence of repeated rape and the offence under Section 4(2)/6 POCSO Act against the applicant.
Learned counsel for the applicant has submitted that from the statements of the victim recorded U/s 161 and 164 Cr.P.C. and before the doctor, she appears to be consenting party and she is also pregnant. The applicant has no criminal history to his credit and is languishing in jail since 18.9.2022. He has submitted that the applicant wants to marry the victim. She has been detained in Nari Niketan against her wish. She has become major. She is willing to marry the applicant.
Learned A.G.A. has opposed the prayer for bail of the applicant, but has not disputed the aforesaid statement made by learned counsel for the applicant.
Considering the rival submissions and totality of facts & circumstances of the case, applicant is directed to be enlarged on interim bail for a period of two months. In the meantime he will make effort to settle his dispute with the prosecutrix.
Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view 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; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail for the period of two months on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(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.
(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.
(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.
(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.
(vi) Applicant will get his marriage registered with the Registrar and produce the registration certificate before this court on the next date fixed.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of interim bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
List this case on 5th October, 2023.
The applicant will file his affidavit of compliance by the next date fixed.
In failure to comply this order, the interim bail for the period of two
months granted to the applicant shall stand cancelled and he shall be taken into custody forthwith.
C.J.M., Bareilly, is directed to ascertain the wishes of the victim and in case she wishes to marry the applicant, she would be released from Nari Niketan for performance of registered marriage with the applicant."
In compliance of the aforesaid order, the report has been sent by the court below, which shows that the statement of the victim has been recorded before the court below, wherein she has stated that she wants to live with the applicant and does not wants to reside in Nari Niketan. The court below has sent the original copy of the statement of the victim recorded by the trial court on 11.9.2023.
Learned counsel for the applicant has filed supplementary affidavit bringing on record the marriage registration certificate of the victim and applicant dated 25.9.2023, which shows that their marriage has been registered.
In view of the above, the interim bail granted to the applicant vide order dated 9.8.2023 passed by this Court is confirmed .
The applicant shall remain on bail on same terms and conditions as given in earlier interim order dated 9.8.2023 during prendency of trial.
Bail application is allowed.
Office is directed to send back the original copy of the statement of victim sent by the court below to this Court to C.J.M. Bareilly, within a week after keeping the photocopy of the same on record.
Order Date :- 5.10.2023 Ruchi Agrahari
Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to interim bail in a case involving rape and POCSO charges.
Whether conditions including marriage registration should be imposed as a condition for bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶17
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
4 provisions across 2 enactments
Jitendra
State Of U.P.
Siddharth
Ruchi Agrahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
