Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22491 of 2021 Applicant :- Vivek Kumar Gautam @ Monoo Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sagar Yadav Counsel for Opposite Party :- G.A.,Pawan Kumar Shukla,Rajesh Kumar Gautam
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant; learned Additional Government Advocate representing the State; Shri Pawan Kumar Shukla, learned counsel appearing on behalf of informant and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 298 of 2020, under Sections 363, 366 and 376 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station-Sarai Khwaja, District-Jaunpur, during the pendency of trial.
As per the prosecution case in brief, informant (father of victim) lodged F.I.R. on 24.11.2020 regarding an incident dated 19.09.2020 for the offence under Section 363 I.P.C. against Sanjay, Sangeeta Devi and Monoo (applicant) alleging inter alia that on 19.09.2020 at about 11:00 a.m. his daughter had gone hospital for taking medicines, but did not return back. They tried to search, but could not find her. Therefore, a missing report was lodged by him. Later on, he reached on conclusion that his daughter has been enticed away by the accused persons in order to grab his property.
It is argued by learned counsel for the applicant that victim in her statements under Section 161 and 164 Cr.P.C. did not support the prosecution case and she clearly stated that she on account of having love affair with the applicant herself elope with the applicant and thereafter they went to Delhi and started living as husband and wife taking a room on rent. She also alleged that applicant has made physical relation with her on her consent and she was not enticed away by the applicant. It is next submitted that victim has refused for her medical examination. It is further submitted that informant, who is father of victim, is a Peon in Nehru Inter College, Pathana, Jaunpur. Therefore, he by manipulation has obtained a certificate dated 21.09.2020 of Principal, Nehru Inter college, Pathana, Jaunpur showing the date of birth of the victim as 02.06.2005, whereas correct fact is that she is major and the date of birth of the applicant is 11.04.2000 as per his mark sheet of high school examination. It is also submitted that applicant has no criminal history and he is in jail since 26.02.2021. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that victim is minor, but they do not dispute that father of victim is a Peon in Nehru Inter College, Pathana, Jaunpur and the victim in her statements under Section 161 and 164 Cr.P.C. has not supported the prosecution case.
After having heard learned counsel for the parties, I find that the victim has not supported the prosecution case. Father of the victim is a Peon in Nehru Inter College, Pathana, Jaunpur from where certificate has been issued. There is no corroborative material on record in support of certificate dated 21.09.2020. Victim herself has refused for her medical examination and from the statements of victim it is apparently clear that she was consenting party with the applicant. Therefore, possibility of false implication of the applicant cannot be ruled out. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vivek Kumar Gautam @ Monoo 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 shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.8.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.16 17:07:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad