Ajeet Kumar Jaiswal v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44915 of 2023 Applicant :- Ajeet Kumar Jaiswal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

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

¶2There is an allegation against the applicant is that he along with co-accused persons have committed rape with the victim. Learned counsel for the applicant submits that the victim in her statement recorded under Section 161 Cr.P.C. has specifically stated that on

01.03.2023 at about 08:00 P.M. she was going to school, in the meantime, the co-accused Ankit Kumar Jaiswal came with her tempo and asked her to drop her to school, since she was getting late, she sat on his tempo, who took her towards the railway crossing instead of school on the way, the applicant and co-accused Khursheed Ansari forcibly took her on a motor cycle tying her mouth towards the jungle, where the co-accused Khursheed Ansari had committed rape with her whereas, the applicant was standing a distant place on the other side, the victim in her statement recorded under Section 164 Cr.P.C. has specifically stated that two accused persons took her on a motor cycle in which, one of the accused had committed rape and the other one, was standing far away. Learned counsel thus argued that the victim has specifically named the accused Khursheed Ansari as a person, who has committed rape in her statement recorded under Section 161 Cr.P.C. on the other hand, in her statement under Section 164 she has stated that one person has committed rape without naming him, which itself belies the prosecution story. Learned counsel further argued that the victim is major and in fact, she had a love affair with the co-accused Khursheed Ansari and out of her own free will she had gone with the co-accused Khursheed Ansari and with her own volition she had made physical relation with him. Learned counsel further argued that the only role assigned to the applicant is that he took away the victim forcibly along with co-accused Khursheed Ansari, and that co-accused had committed rape. It is thus contended that the applicant being friend of co-accused Khursheed Ansari has been falsely implicated in the present case. Learned counsel has also drawn attention of this Court to Annexure-7 to the affidavit accompanying the bail application, to demonstrate that the victim and the co-accused Khursheed Ansari are well known to each other and they were conversation on audio and video calls. He next argued that perusal of the medical report shows that the hymen ruptured old torn and healed, thus the medical evidence also does not corroborate with the prosecution version. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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. He next submits that applicant is languishing in jail since 04.09.2023 having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Ajeet Kumar Jaiswal involved in Case Crime No. 94 of 2023 under Sections 363, 376D, 506 I.P.C., and Section 5G/6 of POCSO Act, Police Station Windhamganj, District Sonebhadra, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to 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 and 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 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 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶6Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 1.11.2023 S.Ali High Court of Judicature at Allahabad