Allahabad High Court
Vikas Rajpoot vs State Of U.P. And 3 Others on 26 May, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:89609 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40699 of 2024 Applicant :- Vikas Rajpoot Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kuldeep Kumar Gupta Counsel for Opposite Party :- Babita Upadhyay,G.A. Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant; Ms. Babita Upadhyay, learned counsel appearing for Allahabad High Court Legal Service Committee, Allahabad and learned A.G.A for the State.
Earlier applicant was enlarged on bail by this court vide order dated 2.8.2023 vide in Criminal Misc. Bail Application No. 25809 of 2023 in Case Crime No.20 of 2023 under sections 363, 366, 342, 506, 354 (Ka)5 IPC and section 11/12 of POCSO Act and section 3(2)(5), 3(2)5Ka, 3(1)Dha SC/ST Act, P.S. Barra, District Kanpur Nagar.
Learned counsel for the applicant submits that now applicant has been implicated under sections-376DA IPC, and sections 5Chha/5Tha/6 of the Protection of Children From Sexual Offences Act, 2012.He has further submitted that only to prevent the applicant from being enlarged on bail, the aforesaid sections have been added, but now he has surrendered and is in jail since 1.3.2024.Applicant has criminal history of two cases of minor nature.
On the other hand learned A.G.A has opposed the prayer for bail.
It is settled law that bail is granted regarding an offence. Mere by change of section/provision of implication the effect of bail already granted cannot be denied.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant,Vikas Rajpoot , involved in Case Crime No.20 of 2023 (Special Sessions Trial No. 393 of 2023) , under Section-376DA IPC, and sections 5Chha/5Tha/6 of the Protection of Children From Sexual Offences Act, 2012 Police Station- Barra, District- Kanpur Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 26.5.2025 Atul kr. sri.