Dhyanchandra v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46327 of 2023 Applicant :- Dhyanchandra Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Kumar,Lal Bahadur Vishwakarma 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.

¶2It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that that the complainant who is father of the victim has lodged an F.I.R. dated 19.03.2023 alleging therein that on 17.03.2023 at about 4:00 p.m. his minor daughter aged about 17 years went outside from the house to attend the course of clothes cutting and stitching, but she has not returned back to home, on being searched it has been informed to him that the applicant and one other person, namely Anil @ Rinku have forcibly enticed her. When this Court asked the learned counsel for the applicant to show the statement of the victim recorded under Section 161 Cr.P.C. he submits that due to some inadvertence he has not filed the same and has filed some other documents, but he drawn the attention of this Court to the bail rejection order, wherein it has come that victim has herself stated that she is major and he used to talk with the victim for the last two years, he exhorted her to marry with him and on refusal made by the victim threat was also given by the applicant, the applicant took the victim to Hyderabad, where he committed marpeet with her and made sexual relations with her. Learned counsel for the applicant further submits that in her statement recorded under Section 164 Cr.P.C. has stated that she used to talk with the applicant for the last two years, there was friendship between them, on the date of incident she went with the applicant on her own will, she went with him to Bangalore where she stayed with him for one night, thereafter applicant took her to Hyderabad and kept her, he used to drink liquor and used to do marpeet with her and used to make physical relations with her forcibly and now she is pregnant. Learned counsel for the applicant further submits that in the medical examination examination of the victim she was found to be 21 years and she was found pregnant. Learned counsel for the applicant further submits that there are several contradictions in the statements of victim recorded under Section 161 & 164 Cr.P.C. Learned counsel for the applicant further submits that though victim had made allegation against the applicant for committing her rape forcibly but both the victim and applicant were well known for the last two years and on the date of incident she went with the applicant on her own will and went to Bangalore and Hyderabad where they lived together for several days, thus, it appears that victim is a consenting party. 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 09.06.2023, 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.

¶4After 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 and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Dhyanchandra, involved in Case Crime No. 77 of 2023, under Sections 376, 504, 506, 323, 366 I.P.C., Police Station Sarai Inayat, District Prayagraj, be enlarged 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(v) 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 and the trial court may proceed against him under Section 229-A IPC.

¶6The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶7The bail application is allowed. Order Date :- 2.11.2023 Mustaqeem. High Court of Judicature at Allahabad