Allahabad High Court
Pramod vs State Of U.P. Thru. Prin. Secy. Home And ... on 5 August, 2022
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8801 of 2022 Applicant :- Pramod Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard Shri Vivek Shukla, Advocate, holding brief of Shri O. P. Tiwari, the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The applicant, Pramod, has moved the present bail application seeking bail in Case Crime No. 143 of 2022, under Sections 363, 366, 376 I.P.C. read with Section 3/4 of Protection of Children From Sexual Offences Act, Police Station Purwa, District Unnao.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case due to village rivalry and partibandi. No such incident, as alleged by the prosecution, took place. The entire prosecution case has been alleged with intention to defame the image of applicant and his family members in the society.
Learned counsel for the applicant further submits that initially F.I.R. was lodged under Sections 363, 366 I.P.C., and when the victim was recovered her statement under Section 161 Cr.P.C. was recorded then Section 376 I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act were inserted.
Learned counsel for the applicant further submits that in her statements recorded under Sections 161 and 164 Cr.P.C., the victim has clearly stated that she is more than 18 years, she was in love with the applicant for the last two years, they wants to marry with each other, but their family members were not ready, therefore, on her own sweet will she went with the applicant to Unnao, thereafter to Delhi and thereafter Noida, where they solemnized court marriage and they lived there as husband and wife.
Learned counsel for the applicant further submits that the victim in her statements recorded under Sections 161 and 164 Cr.P.C. has not levelled any allegation against the applicant regarding commission of rape and in both the statements the victim has admitted this fact that she went with the applicant on her own sweet will and applicant has not pressurized her to go with him or to live with him, therefore, the entire prosecution story as alleged appears to be false and fabricated and has been cooked up with malafide intention.
Learned counsel for the applicant further submits that victim herself has moved an application dated 17.07.2022 before the S.H.O. concerned regarding apprehension that her father may falsely implicate the applicant and may cause damage to them.
Learned counsel for the applicant further submits that the medical report of the victim also does not support the allegation of rape against the applicant as the concerned doctor in her medical examination has found neither any external or internal injury on the private parts of the victim, nor the doctor has given any opinion regarding sexual assault.
Learned counsel for the applicant further submits that the victim and applicant are consenting party and they know each other very well much prior to the incident, the victim went with the applicant on her own sweet will, they solemnized marriage with each other, and as per the victim she is more than 18 years of age, therefore, she knows consequences very well, and the applicant has falsely been implicated with malicious intention, therefore, the applicant be enlarged on bail by this Court sympathetically.
Several other submissions regarding legality and illegality of the allegations made in the F.I.R. have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused, have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant undertakes that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the applicant is not having any criminal history, which fact has been stated in para-16 of the affidavit filed in support of the bail application. The applicant is in jail since 05.06.2022 and in the wake of heavy pendency of cases in the courts, there is no likelihood of any early conclusion of trial Learned A.G.A. opposed the prayer for bail, but has not dispute the submissions advanced by the learned counsel for the applicant.
After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and considering the fact that the victim in her statements recorded under Sections 161 and 164 Cr.P.C. has admitted that she was in love with the applicant for the last two years from the date of incident, she went with the applicant on her own sweet will to Unnao, thereafter to Delhi and Noida, where both the applicant and the victim solemnized marriage with each other and they stayed there as husband and wife; the victim is more than 18 years of age, the medical report also does not support of the allegation of rape as concerned doctor found no any external or internal injury either on the private parts of the victim or on her body and there is no any opinion of the doctor regarding sexual assault of the victim, both the parties are consenting to each other and considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant, Pramod, involved in Case Crime No. 143 of 2022, under Sections 363, 366, 376 I.P.C. read with Section 3/4 of Protection of Children From Sexual Offences Act, Police Station Purwa, District Unnao, 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 on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5) In case, the applicant misuses the liberty of bail 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.
(6) 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.
(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(8) 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 may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.
Order Date :- 5.8.2022 Mustaqeem