Krishna v. State of U.P.And 3 Others

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44457 of 2023 Applicant :- Krishna Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Hari Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard learned counsel for the applicant as well as ==== learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 0047 of 2023, U/S 354(A), 363, 366 IPC and 7/8 and 16/17 Protection of Children From Sexual Offences Act, Police Station Jasrathpur, District Etah, during the pendency of trial.

¶4As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant aged about 14 years, in the night of 7/8.4.2023 between 1.00 to 2.00 am.

¶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 10 hours and there is no explanation of the said delay caused. It is also stated that as per the statement of the victim recorded u/s 164 Cr.P.C., she has not levelled any allegations of rape against the applicant. It is next stated that the age certificate has been taken on 13.4.2023, which has been verified by a school leaving certificate. The said school leaving certificate has been issued subsequently to lodging of the FIR. The said certificate indicates that the victim had left the school on 31.3.2021. It further falsifies the story on the ground that why the school leaving certificate was not taken after a few days of 31.3.2021 itself. Learned counsel has stated that the applicant is a poor labourer at brick kiln and has nothing to do with the said offence.

¶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 30.6.2023. 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.

¶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-Krishna 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 :- 30.10.2023 Shalini High Court of Judicature at Allahabad