Sachin Kumar Nirmal v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46320 of 2023 Applicant :- Sachin Kumar Nirmal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Shri Shashi Ranjan Srivastava, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.

¶3It 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 on 31.07.2023 an F.I.R. was lodged by the informant, who is mother of the victim, alleging therein that on 28.07.2023 at about 11:00 p.m. when she and her family members were sleeping after taking meal the applicant enticed her away her her minor daughter aged about 17 years. Learned counsel for the applicant further submits that the victim in her statement recorded under Section 161 Cr.P.C. has stated that she is aged about 17 years, she used to talk with the applicant for the last three years, on the date of incident at about 11:30 p.m. she went with the applicant to Prayagraj because her parents wants to marry her with some another person whereas she told them that she wants to marry with the applicant. The victim in her statement recorded under Section 161 Cr.P.C. has further stated that on

29.07.2023 from Prayagraj, she went to Mumbai where she lived with the applicant and admitted that physical relations were made between them. Learned counsel for the applicant further submits that the victim in her statement recorded under Section 164 Cr.P.C. has categorically stated that on 28.07.2023 at about 11:30 p.m. she eloped from her house and went with the applicant to Allahabad, where they solemnized marriage on 07.08.2023 in a temple on her own will and without any pressure, now she wants to go to her home, thus, the victim is a consenting party. Learned counsel for the applicant further submits that in the medical examination of the victim report the doctor has opined that hymen not seen and no visible injury found on her body and as per radiological report the victim was found to be more than 18 years and below to 20 years, thus she is major. Learned counsel for the applicant further submits that as per the statements of the victim recorded under Section 161 & 164 Cr.P.C. and as per medical report of the victim no case is made out against the applicant under Sections 363, 366 I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act and he has falsely been implicated in the case. 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 17.08.2023, having no criminal history.

¶4Per contra, learned A.G.A. as well as learned counsel for the informant have 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.

¶5After 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.

¶6Let applicant-Sachin Kumar Nirmal, involved in Case Crime No. 297 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station Manjhanpur, District Kaushambi, 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.

¶7The 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.

¶8The bail application is allowed. Order Date :- 2.11.2023 Mustaqeem. High Court of Judicature at Allahabad