Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26976 of 2021 Applicant :- Kuldeep Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Jatan Yadav,Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ram Jatan Yadav, learned counsel for the applicant, Sri Sanjay Singh, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Kuldeep Kumar, seeking enlargement on bail during trial in connection with Case Crime No.23 of 2021, u/s 376, 452, 506 IPC, P.S. Chitrahat, District Agra.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a married lady aged about 40 years having three children and the allegation against the applicant is of committing rape which is false and concocted version. The applicant is aged about 19 years and the present FIR has been lodged as a counter-blast to the previous litigation between the parties. Learned counsel for the applicant has placed para nos.14, 15 and 16 of the affidavit that previously the family members of the victim/informant had lodged FIR against the father of the applicant and others which was registered as Case Crime No.114 of 2018, under Section 147, 148, 323, 427, 504, 506 IPC, police station Chitrahat with regard to property dispute. It is further argued that prior to lodging of the present case, the applicant had given an application to Sub District Magistrate, Tehsil Bah, District Agra regarding some forged registered sale-deed on the basis of which the husband of the victim and his family members were trying to claim ownership over piece of land in which the concerned officer had directed the police to investigate the matter after hearing both the parties and take action as per law. It is further argued that subsequently the present FIR has been registered on 27.5.2021 implicating the applicant. The medical examination report of the victim does not support the prosecution case as the doctor did not give any opinion regarding any physical violence on the victim, as such he has been falsely implicated in the present case. It is further argued that the present FIR is delayed by two days for which no plausible explanation has been given. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit and is in jail since 30.5.2021.
Per contra learned A.G.A. has opposed the prayer for bail and argued that the applicant is involved in the present case. The victim in the FIR and her statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C. stated about the applicant committing rape on her, hence the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the victim is a married lady aged about 40 years having three children. There has been previous litigation between the applicant's family and the victim family with regard to property.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Kuldeep Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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 the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by 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.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 29.7.2021 Gaurav