Allahabad High Court
Ramesh Kumar vs State Of U.P. And 3 Others on 20 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Neutral Citation No. - 2024:AHC:28370 Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56435 of 2023 Applicant :- Ramesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yogesh Dutta Mishra,Manjulesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J.
Heard the learned counsel for applicant, the learned AGA for State and perused the record. None has put appearance on behalf of opposite party no.2, despite service of notice.
This is the second bail application which has been filed by the applicant to enlarge him on bail in case crime no.170 of 2017 under Sections 376(2)(1) I.P.C. and Section 5E/6 POCSO Act, P.S.- Karma, District- Sonbhadra. The first bail application filed by the applicant was rejected on 09.09.2022 for want of prosecution.
The allegation of the F.I.R. is that two and half years old minor daughter of the informant has gone to buy chocolate and toffee from the shop of Gulabi at about 8 a.m. on 11.11.2017, then Ramesh lifted the victim and committed sexual assault.
The learned counsel for applicant contended that applicant is innocent and has been falsely implicated on account of property dispute between the applicant and the informant. The father of the applicant had two wives the elder one, namely, Khatrani and the younger one, namely, Gulabi. The first wife has three female issues and the informant is daughter-in-law of one of the female issue, namely, Kunti. After the death of Haridas, name of the applicant and his mother Gulabi was recorded on the property. The F.I.R. has been lodged to exert pressure on the applicant and his mother, as the informant wanted to take share in the property of Haridas. It is further contended that allegation of the F.I.R. is completely false and fabricated. The medico legal report does not support the allegations of the F.I.R. As per report, no injury either external or internal was found on the body of the victim. In supplementary report, it is mentioned that no opinion about sexual assault can be given. It is also contended that the victim is incompetent to depose which is evident from her statement recorded under Section 164 Cr.P.C. Lastly it is contended that applicant has no previous criminal history and is in jail since 13.11.2017 and he undertakes that he will not misuse the liberty of bail, and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
The learned AGA has opposed the prayer for bail and submitted that applicant is named in the F.I.R. and there are allegations of sexual assault against him and the victim is minor aged about two and half years.
Considering the rival submissions of the parties, the nature and gravity of the offence, the severity of punishment, the evidence & other materials available on record, all other attending facts and circumstances of the case, and period of detention, in view of this Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Ramesh Kumar involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 20.2.2024 SP/-