Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35039 of 2018 Applicant :- Rohit Kumar Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Deo Upahdayay,Santosh Kumar Upadhyay,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filled on behalf of the applicant is taken on record.
Heard Sri N.D.Upahdayay, learned counsel for the applicant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against the applicant alleging that his daughter has been kidnapped away by the accused-applicant.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that initially the missing report was lodged and subsequently the applicant was named in the report on the basis of alleged conversations held on mobile between the applicant and the prosecutrix. It is further contended that the proseccutrix had fallen in love with the applicant and after being scolded by her family members for talking usually with the applicant she left house on her own sweet will and as such she was not enticed away by the applicant. As per medical report neither any external injury or internal injury was found on the person of the victim. The prosecutrix in her statement recorded under section 164 Cr.P.C. has specifically stated that she had gone out of her own volition with the applicant and lived with him at Himacal Pradesh and she has not levelled any kind of sexual assault against the applicant. The applicant is a student and has just passed his intermediate examination and the prosecutrix is also a major girl.There is no independent witness to support the prosecution version.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since1.8..2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Rohit Kumar Patel involved in Case Crime No. 336 of 2018, under Sections 363. 366 I.P.C. & Sec. 7/8 POCSO Act,, P.S. Manduadih, District- Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 applicants to prison.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of production of certified copy of the order, if there is no legal impediment, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018(SC) 2004.
Order Date :- 18.9.2018 IA