Allahabad High Court
Ram Raj vs State Of U.P.And Another on 3 August, 2021
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL APPEAL No. - 1525 of 2021 Appellant :- Ram Raj Respondent :- State Of U.P.And Another Counsel for Appellant :- Manoj Kumar Counsel for Respondent :- G.A.,Saleem Ahmad Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellant and learned AGA for the State and perused the record.
Learned A.G.A. has filed counter affidavit, which is taken on record.
None is present for the appellant.
This appeal has been filed by appellant Ram Raj against the impugned order dated 17.03.2021 passed by learned Special Judge, Exclusive Special Court, SC/ST Act, Gorakhpur passed in Bail Application No.1252 of 2021 (Ram Raj vs. State of U.P.), arising out of Case Crime No. 23 of 2021, under Sections 363, 366, 504, 506 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Campierganj, District Gorakhpur, by which bail plea of appellant has been rejected. Aggrieved by the rejection order this appeal has been filed.
Submission of learned counsel for the appellant is that the FIR has been lodged with the simple allegation that the victim is aged about 17 years and she has been enticed to ran away by the appellant. Thereafter, family members stopped her and said that they will solemnize their marriage whereupon they came back. Further submission is that the charge sheet has been filed and it has been found that the victim was more than 18 years in age. It has been further submitted that in the statements under Sections 161 and 164 Cr.P.C., she did not allege anything about any sexually abused by the appellant. She has stated that she voluntarily went with him and came back on assurance of marriage by their family. Further submission is that the appellant has been falsely implicated in this case and learned Special Judge without considering the facts and circumstances illegally rejected the bail application. Further submission is that appellant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses.
Learned AGA has vehemently opposed the prayer but has conceded that the charge sheet has been filed under the aforesaid sections.
Considered the submissions of both the sides. There is no dispute in the statements under Sections 161 and 164 Cr.P.C. The victim has not stated that she was sexually abused. On the contrary, she has stated that she herself went with the accused voluntarily and on assurance of the family members both came back. The appellant is in jail from the last more than six months. The facts that in this case the victim has gone with the appellant voluntarily and there is no allegation of sexual abused, I find apparent illegality in the impugned order and the same is liable to be set aside.
In the result, appeal is allowed. Impugned order dated 17.03.2021 passed by learned Special Judge, Exclusive Special Court, SC/ST Act, Gorakhpur, is set aside.
Let appellant-applicant Ram Raj be released on bail in Bail Application No. 1252 of 2021 (Ram Raj vs. State of U.P.), arising out of Case Crime No. 23 of 2021, under Sections 363, 366, 504, 506 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Campierganj, District Gorakhpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellant will not indulge in any unlawful activities.
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.
Order Date :- 3.8.2021 Mini