Umesh Rajbhar v. State of U.P. and 3 Others

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48336 of 2023 Applicant :- Umesh Rajbhar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Salil Krishna,Raj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. List revised. Learned A.G.A. has informed that notice has been served upon the opposite party no.2 but no one appears on his behalf. Heard learned counsel for the applicant and learned A.G.A. The instant bail application has been filed on behalf of the applicant, Umesh Rajbhar, with a prayer to release him on bail in Case Crime No. 113 of 2023, under Sections363, 376 IPC and section 3/4 POCSO Act Police Station Dildar Nagar, District-Ghazipur, during pendency of trial. There is allegation against the applicant of abduction of minor girl with intent to marry,commission of offence of rape and penetrative sexual assault.Learned counsel for the applicant has pointed out to the statement of the victim recorded under section 164 Cr.P.c.wherein she has stated that she had gone to Mumbai to meet the applicant by train.She called the applicant stayed there with applicant and entered into physical relationship with applicant.As per ossification test report of the victim she is aged about 15-16 years.Given margin of two years on higher side she can not be considered to be major.She has neither made allegation of abduction nor rape against the applicant. Learned counsel for the applicant has relied upon the judgement of Apex Court in the case of S Varadarajan Vs. State of Madras, 1964 LawSuit

(SC) 209. It has been submitted that victim herself left the company of lawful guardianship of her parents on her own. The applicant did not took her away from the company of her guardianship. The applicant is in jail since 22.7.2023 and has no criminal history. Learned A.G.A. has 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. Order Date :- 9.11.2023 Atul kr. sri. High Court of Judicature at Allahabad