Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16756 of 2021 Applicant :- Manoj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Monis,Akhilesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 10 of 2021, under Sections 376, 354Ga, 506 IPC and Section 67A of Information Technology Act, 2008, Police Station - Ranipur, District - Mau with the prayer to enlarge the applicant on bail.
The report of this incident was lodged on 21.01.2021 and it was mentioned in the report by the complainant that Manoj Kumar is the resident of his village and he cajoled the complainant's sister and committed rape with her putting her under threat to kill in case she tells it to anybody at her home. Thereafter, he committed rape with the complainant's sister for several times stealthily under threats and when the marriage of the complainant's sister was settled, the accused Manoj Kumar made viral of her obscene photographs, due to which the marriage of complainant's sister could not be solemnized.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted by the learned counsel for applicant that the girl was in consensual relationship with the present accused and she was major on the date of the incident, as per the medical examination report her age was found to be 18 years. It is also submitted that the alleged obscene photographs were not recovered by the police during the investigation. Lastly, it is argued that the applicant is in jail since 22.01.2021and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that no recovery of alleged obscene photographs were made by the police, considering that the girl has not complaint about her rape to anybody for a long period of about six months and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Manoj Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 sufficient 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 27.10.2021 LBY