Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9734 of 2021 Applicant :- Sumit Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Dwivedi,Ankit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
The matter has been taken up through Video Conferencing.
Heard Sri Ankit Srivastava, learned counsel for the applicant, Sri V.K. Maurya, learned A.G.A. 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-Sumit Verma, seeking enlargement on bail during trial in connection with Case Crime No. 518 of 2020, under Section 376 I.P.C., registered at Police Station Kydganj, District Prayagraj.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim is a major girl having her year of birth 1993 as recorded in the chik first information report itself. It is further argued that the victim went on her own volition to the hotel with the applicant and occupied a room with him. It is further argued that the allegation of rape are false and incorrect and there is no corroboration with the medical examination evidence as the victim denied her medical examination which is evident from annexure no.2 to the affidavit wherein the doctor has specifically recorded that she has refused for internal and external examination and also for sample collection. It is further argued that since the marriage between the applicant and the victim could not be materialized, the victim has falsely implicated the applicant with ulterior motive. It is further argued that the allegation against the applicant for taking objectionable photographs of the victim is concerned, the same is false as no such photographs have been recovered by the Investigating Officer during the investigation and even the prosecution is not under the Information Technology Act. It is further argued that the prosecution case is a falsity in order to falsely implicate the applicant with ulterior motive. It has also been pointed out that the applicant is not having any criminal history as stated in para 27 of the affidavit and is in jail since 26.12.2020.
Per contra learned A.G.A. has opposed the prayer for bail and argued that the applicant is named in the first information report and has been assigned the role of committing rape upon the victim who is the first informant, hence the prayer for bail be rejected.
After hearing the counsel for the parties, it is apparent that the victim is a major, she went with the applicant in a room occupied by the applicant on her own will and she refused for her medical examination which would give corroboration to the story as narrated by her being the prosecution case.
Looking to 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- Sumit Verma 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.
(Samit Gopal, J.) Order Date :- 24.5.2021 Gaurav