Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23753 of 2019 Applicant :- Sanjay Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Lal Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of counsel for the applicant is that according to the medical assessment the age of the victim was found to be of about 18 years but actually she was much above of that age and was fully grown up major girl at the time of incident. Further submission is that according to the contents of the F.I.R. the applicant and the other co-accused are said to have enticed the victim away on 23.1.2019 but the F.I.R. of the case was registered on 28.3.2019 after an inordinate delay of about two months. It was pointed out that the date of application on which the F.I.R. has been registered, was 6.3.2019. Argument is that this inordinate delay lacks any proper, convincing or adequate explanation and goes to indicate that there was no coercion involved in this incident and the victim had gone on her own volition away from her house. As this fact was known to the parents they evaded from lodging the F.I.R. earlier. Submission is that the claim of the complainant for having moved an application on the next day is completely unsubstantiated by the record and is simply a fake attempt to explain the yawning gap between the time of incident and the lodging of the F.I.R. Further submission is that implication of all the family members of the applicant is also an indication that they were implicated in the case just out of rancour and vengeance and in fact, their complicity in the crime has not been found substantiated and therefore no charge sheet has been submitted against any of the co-accused. Even otherwise the allegation as has been made inasmuch as it alleges the participation and co- ordination of all the family members in this act appears to be highly improbable. Counsel has further contended that even according to the statement of the victim marriage had also taken place in between the applicant and the victim at Orchha Temple. Submission is that Orchha Temple is one of the most famous temples and is in general a very crowded place and the ceremony of marriage in a temple in full view of public is by itself a proof of the absence of any kind of coercion and goes to prove the consenting nature of girl. The fact is, according to the counsel, that the victim and the applicant were carrying love affair and they had contracted marriage wilfully against the wishes of the parents of the victim which has eventually resulted in the implication of the applicant and his family members in the case. There is absolutely no evidence to suggest that any kind of protest or resistance was made by the victim even when she was taken into temple in full view of public. There was also no dearth of opportunity to raise alarm. 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 have 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 19.4.2019 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial 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- Sanjay, involved in Case Crime No. 43 of 2019, u/ss. 363, 366, 344, 376 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, P.S.- Poonch, District- Jhansi, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 7.6.2019 Naresh