Virendra @ Narendra Kumar Sharma v. State of U.P. and 3 Others

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30704 of 2023 Applicant :- Virendra @ Narendra Kumar Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinay Kumar Pal Counsel for Opposite Party :- G.A.,Bipin Kumar Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Vinay Kumar Pal, learned counsel for the applicant, Bipin Kumar, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A-I for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Virendra @ Narendra Kumar Sharma, seeking enlargement on bail during trial in connection with Case Crime No.02 of 2023, under Sections 376 IPC and 3/4 POCSO Act, 2012 and 3(2)5 SC/ST (P.A.) Act, registered at Police Station Bahilpurwa, District Chitrakoot.

¶4The FIR of the present case was lodged on 3.1.2023 by one of the victims against the applicant and five other persons on the basis of an application moved under Section 156(3) Cr.P.C. alleging therein that she on the false pretext of getting employment in another place was taken with her family by the accused persons. She was raped by Ram Suhawan, Shankar and Ballu. Her daughter aged about 12 years was also raped by them. The accused persons then sold her daughter for Rs.5 lakhs where she was kept in confinement. The accused persons are persons of criminal nature.

¶5Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the daughter of the first informant in her statement recorded during investigation has stated of her getting married to applicant and wants to live with him. Co-accused Ram Suhawan Chamar, Ballu @ Balram Chamar, Karan @ Pappu and Shankar have been granted bail by coordinate Benches of this Court vide orders dated

18.5.2023, 26.5.2023 and 8.6.2023 passed in Criminal Misc. Bail Application Nos.19462 of 2023, 21765 of 2023 and 24848 of 2023 copies of the same are annexed as Annexure No.10 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 20 of the affidavit. The applicant is in jail since 29.1.2023.

¶6Per contra learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although is present but he has not opposed the prayer for bail. He states that the victim is living with the applicant.

¶7After hearing the counsel for the parties and perusing the record, it is evident that the FIR has been lodged after delay on the basis of application u/s 156(3) Cr.P.C. The daughter of the first informant has married the applicant and states of living happily with him. Co-accused persons have been granted bail.

¶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-Virendra @ Narendra Kumar Sharma, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should be of a local person) 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