Kapil Yadav @ Abhishek Yadav v. State of U.P. and 3 Others

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31203 of 2023 Applicant :- Kapil Yadav @ Abhishek Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Tinku Singh,Vijay Singh Gour Counsel for Opposite Party :- G.A.,Rakesh Kumar Mishra Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Vijay Singh Gour and Ms. Tinku Singh, learned counsel for the applicant, Sri Triveni Saran Rai, learned counsel for the State and perused the material on record. Sri Rakesh Kumar Mishra, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Kapil Yadav @ Abhishek Yadav, seeking enlargement on bail during trial in connection with Case Crime No.25 of 2023, under Sections 363, 366, 506, 376 IPC and 3/4 POCSO Act and 3(2)(v) of SC/ST Act, registered at Police Station Akbarpur, District Kanpur Dehat.

¶4The FIR of the matter was lodged on 16.1.2023 by Vinod Kumar Sakhwar against the applicant, Suraj Yadav and 2-3 unknown persons alleging therein that on 14.1.2023, his daughter aged about 17 years has been enticed away by the accused persons at about 5.30 p.m. She was seen by Jeetu Kumar and Arun Kumar of the village.

¶5Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim was aged about 17 years as per high school certificate at the time of incident. It is argued that the victim in her statement under Section 161 Cr.P.C. and 164 Cr.P.C. stated of going with the applicant out of her own sweet-will as she was knowing him since last 4-5 years and they have solemnized marriage and were living as husband and wife. It has also been pointed out that the applicant is not having any criminal history as stated in para 32 of the affidavit. The applicant is in jail since 3.4.2023.

¶6Per contra learned counsel for the State opposed the prayer for bail.

¶7After hearing the counsel for the parties and perusing the record, it is evident that the victim went with the applicant out of her own sweet-will. They were having relationship for some past years.

¶8Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

¶9Let the applicant-Kapil Yadav @ Abhishek Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶10The 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 and send the applicant to prison.

¶11The bail application is allowed. (Samit Gopal, J.) Order Date :- 6.11.2023 Gaurav Kuls High Court of Judicature at Allahabad High Court of Judicature at Allahabad