Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33546 of 2021 Applicant :- Rajjan Lal Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ravi Sahu, learned counsel for the applicant, Sri Ankit Srivastaa, learned counsel 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 Rajjan Lal, seeking enlargement on bail during trial in connection with Case Crime No. 328 of 2021, under Sections 452, 354, 506 I.P.C. and Section 7/8 POCSO Act, registered at Police Station Rasoolabad, District Kanpur Dehat.
The prosecution case as per the First Information Report lodged on 05.06.2021 under Sections 452, 354, 506 IPC and Section 7/8 POCSO Act by Vipin Kumar naming the applicant as the sole accused is that in the night at about 02:30 am, his sister aged about 17 years was sleeping alone in the house wherein the applicant came inside the house and tried to enrage the modesty of his sister, she resented the same and then shouted after which seeing the people of the village, he extended threats and ran away.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case in spite of the fact that he is named in the First Information Report. It is argued that the prosecutrix in her statement recorded under Section 161 Cr.P.C. has stated that she, her father and her brother were sleeping in the house and the applicant came inside the house and tried to break thread of her salvar after which she caught hold of his hand and then he got himself released and ran away. Subsequently, in her statement recorded under Section 164 Cr.P.C. she further improves the version and states that the applicant climbed over her, broke the thread of her salvar and put his hand in inside it and groped her after which she raised a shout and then the applicant pushed her father ran away. It is argued that the same is an afterthought just to give the case of a different colour. It is further argued that in the medical examination of the prosecutrix, doctor did not find any injury whatsoever. It is argued that the applicant has been falsely implicated with ulterior motive. It is argued that the applicant has been falsely implicated in the present case as there is a dispute with the applicant and the first informant with regards to the money which was borrowed by the first informant and he was not returning the same as a result of which there was some hot talks between them. He further argued that the applicant has no criminal history as stated in para 10 of the affidavit and is in jail since 12.06.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report, statements under Section 161 Cr.P.C. and 164 Cr.P.C.
After having heard learned counsels for the parties and perusing the records, it is evident that the prosecutrix has given two different version in her statements under Section 161 Cr.P.C. and 164 Cr.P.C. There is no injury on her external or internal parts of the body.
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 Rajjan Lal, 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.
Order Date :- 26.10.2021 M. ARIF (Samit Gopal, J.)