Allahabad High Court
Manoj Kuswaha vs State Of U.P. And 3 Others on 27 September, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:188570 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27395 of 2023 Applicant :- Manoj Kuswaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Himanshu Gupta,Deepesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Notice was issued to the first informant vide order dated 27.06.2023. As per the office report dated 09.08.2023, a report dated 24.07.2023 of C.J.M. concerned has been received stating therein that notice has been served on the first informant.
3. The perusal of the said report shows that notice has been served personally on the first informant.
4. No one appears on behalf of the first informant even when the matter has been taken up in the revised list.
5. Heard Sri Deepesh Kumar Ojha, learned counsel for the applicant, Sri Devendra Nath Mishra, learned counsel for the State and perused the material on record.
6. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Manoj Kuswaha, seeking enlargement on bail during trial in connection with Case Crime No. 74 of 2022, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, registered at Police Station Pali, District Lalitpur.
7. The FIR of the matter was lodged on 30.07.2022 by Bal Mukund against unknown person alleging therein that on 29.07.2022 at about 08:30 pm his daughter having date of birth 02.09.2004 has disappeared. She was searched in the night but could not be traced. She has taken a mobile along with Rs. 5,000/-.
8. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that as per the High School Marksheet of the victim her date of birth is 09.09.2004 and as such at the time of the incident she was aged about 17 years and 10 months. It is argued that in the statement recorded under Section 161 Cr.P.C. the victim has stated that she was knowing the applicant since February, 2022 and they used to talk to each other. Both of them went on taxi to bus stand Lalitpur, from Lalitpur they took a truck to Sagar, Madhya Pradesh where they took a bus and came to Delhi. In Delhi they took a bus again and went to Riwadi, Haryana where they stayed in a rented room like husband and wife. She was then apprehended on 06.01.2023. It is argued that the victim was a consenting party. She travelled with the applicant out of her own sweet will without any objection whatsoever. It is argued that the victim in her statement recorded under Section 164 Cr.P.C. has also stated of going with the applicant out of her own sweet will and living with him. It is argued that the present case is a case of elopement. He further argued that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 06.01.2023.
9. Per contra, learned counsel for the State opposed the prayer for bail.
10. After having heard learned counsels for the parties and perusing the records, it is evident that it appears that the present case is a case of elopement. The victim travelled with the applicant to various places through various modes without any resistance.
11. Looking to the facts and circumstances of this case, the nature of evidence 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.
12. Let the applicant Manoj Kuswaha, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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.
13. 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.
14. The bail application is allowed.
Order Date :- 27.9.2023 M. ARIF (Samit Gopal, J.)