Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39646 of 2019 Applicant :- Ujjwal Porwal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajrshi Gupta,Rizwan Ahamad Counsel for Opposite Party :- G.A.,Abhishek Kumar
Hon'ble Ramesh Sinha,J.
Heard Sri Dileep Kumar, learned Senior Advocate, assisted by Sri Rizwan Ahamad, learned counsel for the applicant, Sri Viresh Mishra, learned Senior Advocate assisted by Sri Abhishek Srivastava, for the complainant and Sri Amrit Raj Chaurasia, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that admittedly victim is a major girl aged about 22 years. It is further submitted that per statement of the victim under Section 164 Cr.P.C. she has not levelled any allegation against the applicant. It is next submitted that initially the FIR was registered under Section 366 IPC by the father of the victim, but victim appears to have some relationship with the applicant. It is further submitted that though the victim is said to have enticed away by the applicant, she did not raise any alarm for her rescue. It is further submitted that in the statement of the victim under Section 161 Cr.P.C., she has levelled allegation of rape against the applicant which is a mischief play of the Investigating Officer as the same is contrary to her statement under Section 164 Cr.P.C. in which she has not made any allegation against the applicant. It is also submitted that though the allegation of rape has been made against the applicant under Section 161 Cr.P.C. but the same does not corroborate the medical report and the second statement under Section 161 Cr.P.C. of the prosecutrix has been recorded levelling allegation of rape just to defeat the statement of prosecutrix under Section 164 Cr.P.C.. The applicant has no other reported criminal antecedent. The applicant is in jail since 29.6.2019.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and submitted that the applicant is a married person and having two children and as per 161 Cr.P.C. statement, there is allegation of rape against the applicant.
Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this case.
Let the applicant Ujjwal Porwal involved in Case Crime No.420 of 2019 under Sections 366, 452, 376 IPC, Police Station Kotwali, District Etawah be released on bail on his furnishing a personal bond with two sureties of Rs. 1 lakh (one should be family member) each in the like amount to the satisfaction of the court concerned with the following conditions.
(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.
Order Date :- 30.9.2019 Deepika