Dharmendra Kumar v. State of U.P. and 3 Others

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40770 of 2023 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A.,Sriprakash Dwivedi Hon'ble Siddharth,J. Heard learned counsel for the applicant; Shri Sriprakash Dwivedi, learned counsel for the informant and learned A.G.A. The instant bail application has been filed on behalf of the applicant, Dharmendra Kumar, with a prayer to release him on bail in Case Crime No. 62 of 2023, under Sections 363,366,376 IPC and section 5J(ii)/6 POCSO Act Police Station Duddhi, District-Sonebhadra, during pendency of trial. There is allegation against the applicant of abduction of minor girl with intent to marry and commission of rape.Learned counsel for the applicant has submitted that applicant is ready to keep the victim as his wife after marriage.As per ossification test report of the victim she is aged about 18-19 years. In the statement of the victim recorded under 164 Cr.p.C. she has stated that she entered into physical relationship with applicant after eloping with him.Victim was found to be pregnant by three months. The applicant is in jail since 27.6.2023 and has no criminal history. Learned counsel for the informant has stated that marriage between the couple is difÏcult because of difference of their religion.He has informed that charges have been framed by the trial court. Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid facts. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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 Let the applicant 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.

¶1The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶2The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶3The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶4That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer;

¶5The 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 to ensure presence of the applicant.

¶6The 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 sufÏcient 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. The trial court is directed to conclude the trial within a period two years. The registrar(Compliance)of this court is directed to communicate this order to the trial court for compliance within ten days. The ossification test report and X-ray film of the victim were sent to the court after opening of envelop by some one. OfÏce is directed not open such envelopes before presenting it before the court. OfÏce is directed to return the ossification test report of the victim alongwith X-ray film to the concern court within one week. Order Date :- 6.11.2023 Atul kr. sri. High Court of Judicature at Allahabad