Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22213 of 2021 Applicant :- Neeraj @ Shivam Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 176 of 2020, under Sections 363, 366, 376 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station-Sidhari, District-Azamgarh, during the pendency of trial.
As per the prosecution case, Informant Ajay Kumar Yadav lodged F.I.R. on 08.10.2020 regarding an incident which took place on 07.10.2020 against unknown person for the offence under Section 363 I.P.C. alleging inter alia that his sister has left her house on 07.10.2020 at 3:00 O'clock. Thereafter, she made a call on Mobile No. 7887030676 and said do not try to search her. She will not come back to home.
It is argued by learned counsel for the applicant that on 15.02.2021, victim returned back to her home and her statements under Section 161 and 164 Cr.P.C. were recorded on 15.02.2021 and 19.02.2021 respectively, in which she has not supported the prosecution case. It is further submitted that as per the medical examination report, radiological age of victim is above 18 years. It is also submitted that applicant has been falsely implicated in this case. In fact, victim was consenting party with the applicant and she on account of love affair herself eloped with the applicant. It is pointed out that at present the victim has a foetus of about seven months and her parents have refused to accept her, therefore, she was sent to 'Nari Niketan'. Under the circumstances, Habeas Corpus Writ Petition No. 516 of 2021 has been filed by the mother of the applicant for taking her custody. The applicant has no criminal history and he is languishing in jail since 10.03.2021. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the factual aspects of the case as argued on behalf of the applicant.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that from the perusal of F.I.R. as well as statements of victim, it is apparently clear that she herself has left her house and eloped with the applicant. The victim is major and was consenting party with the applicant. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Neeraj @ Shivam Prajapati 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 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.
(ii) 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.
(iii) 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. is issued and the 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 of the Indian Penal Code.
(iv) 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 29.7.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.29 16:21:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad