Vikas Yadav v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47547 of 2023 Applicant :- Vikas Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Shri Vikash Chandra Tiwari, 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 initially the F.I.R. dated

10.03.2021 was lodged by the informant, who is grand father of the victim, against the applicant and six other persons who are family members of the applicant, alleging therein that at about 9:00 a.m. his minor daughter in law went to school with her father but has not returned till 2:00 p.m., then he reached the school and inquired the matter then it came into his knowledge from the clip of CCTV camera that her grand daughter left the school at about 9:15 a.m and he suspects that applicant enticed her away. Learned counsel for the applicant further submits that the victim in her statement recorded under Section 161 Cr.P.C. has stated that her date of birth is 01.07.2005, she is studying in Class-X, in her house applicant lives on rent, she loves him, she wanted to live with him, on the date of incident she called the applicant and went with him to Maihar from a motorcycle, thereafter, they went to Jabalpur riding on the motorcycle, thereafter, they went to Indore, where they solemnized marriage in a temple and they lived as husband and wife, on 07.02.2022 a son was born and now she wants to live with her husband and she has not made any allegation of forceful sexual assault committed upon her by the applicant. Learned counsel for the applicant further submits that the victim in her statement recorded under Section 164 Cr.P.C. has repeated the same version of her earlier statement recorded under Section 161 Cr.P.C. Learned counsel for the applicant further submits that the victim has denied for her medical examination, which is a part of the case diary and is on the record. Learned counsel for the applicant further submits that no allegation of rape has been made by the victim in her both the statements recorded under Sections 161 & 164 Cr.P.C., the victim herself has stated that her date of birth is 01.07.2005, therefore, on the date of incident, i.e.,

10.03.2021, she was about 18 years of age, thus, she was major and it appears that victim is a consenting party, therefore, no case is made out against the applicant under Sections 363, 366A, 376 I.P.C. and Section 5/6 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 14.04.2023, 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 applicant is already married person and he has enticed away the victim who was minor at the time of incident by deceiving her on the pretext of love affair, 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-Vikas Yadav, involved in Case Crime No. 230 of 2021, under Sections 363, 366A, 376 I.P.C. and Section 5/6 of Protection of Children From Sexual Offences Act, Police Station Naini, District Prayagraj (Allahabad), 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 :- 7.11.2023 Mustaqeem. High Court of Judicature at Allahabad