Sobind v. State of U.P. and 3 Others

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44983 of 2023 Applicant :- Sobind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Karunesh Narayan Tripathi, learned Advocate holding brief for Sri Shailendra Kumar Tripathi, learned counsel for the applicant as well as Sri S.P. Pandey, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 272 of 2018, U/S 363, 366 IPC and 7/8 Protection of Children From Sexual Offences Act, Police Station Gursahaiganj, District Kannauj, during the pendency of trial.

¶4As per prosecution story, some unknown persons are stated to have enticed away the minor daughter of the informant in the night of 15.5.2018.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has further stated that the FIR is delayed by about 21 days and there is no explanation of the said delay caused. It is next stated that the applicant is not named in the FIR. His name has come up later on in the statement of the witnesses. Learned counsel has also stated that the victim is the consenting party and she herself has sworn the affidavit annexed to the present bail application. The victim was 18 years of age as per the ossification test report. To buttress his arguments, learned counsel has placed reliance on the statement of the victim recorded u/s 164 Cr.P.C., whereby she has categorically stated that she had gone with the applicant out of her own sweet will to Ghaziabad, whereat both had married and were living happily thereafter. It is next stated that out of the said corporeal relationship, a baby boy has been born and the victim/deponent herein has been left alone to take care of the said child.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 2.9.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant and the fact regarding the statement of the victim recorded u/s 164 Cr.P.C.

¶8Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India 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.

¶9Let the applicant-Sobind, who is involved in aforementioned case crime 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 evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 26.10.2023\Shalini High Court of Judicature at Allahabad