Kapil Kumar v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41539 of 2023 Applicant :- Kapil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.238 of 2023 under Sections 363, 366 IPC Police Station Budhana District Muzaffar Nagar.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The victim is a major and she was in consensual relationship with the applicant. She left her parental home on her own sweet will and gone with the applicant to NOIDA and lived with him for eleven days as his wife which is evident from her statement recorded under Sections 161 and 164 Cr.P.C. The FIR has been lodged by the parents of the victim to save the family honour. The alleged victim has denied to get herself medically examined. It is stated that the applicant has no criminal history apart from the instant case. The applicant is languishing in jail since 08.06.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail and submitted that as per FIR the alleged victim is aged about seventeen years and she was recovered with the applicant after eleven days of the incident on 08.06.2023, he next submitted that at the time of medical examination the victim herself stated that she had gone with the applicant by train to NOIDA lived there for eleven days as his wife.

¶5Considering the facts and circumstances of the case and taking into account that here are contradictions in the statement of victim recorded under Sections 161 and 164 Cr.P.C. as well as the statement recorded by the doctor when the victim was medically examined by her does not corroborate the prosecution case, the statement that the applicant has no criminal history history apart from the instant case and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant Kapil Kumar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) 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.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) 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.

(iv) 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 19.10.2023 Faridul High Court of Judicature at Allahabad