Dharmraj v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48865 of 2023 Applicant :- Dharmraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the F.I.R. was lodged by the informant, who is mother of the victim, alleging therein that on

01.04.2022 at about 02:00 p.m. when her minor daughter aged about 6 years was playing on the road, the applicant enticed her and took her in his room and tried to commit wrong with her. Learned counsel for the applicant further submits that in her statement recorded under Section 161 Cr.P.C. the victim has stated that on the date of incident applicant took her in his room and committed wrong act with her and also beaten her. Learned counsel for the applicant further submits that the victim in her statement recorded under Section 164 Cr.P.C. has stated that applicant took her to his home and beaten her and at that time he was alone in the house, but she has not stated about the applicant that he committed any wrong act or committed her rape. Learned counsel for the applicant further submits that the mother of the victim has refused for medical examination of the victim. Learned counsel for the applicant further submits that as per her medical examination the victim is aged about 7 years. Learned counsel for the applicant further submits that there are several contradictions in the version of the F.I.R. as well as in the statements of the victim recorded under Sections 161 & 164 Cr.P.C. and since mother of the victim has refused for medical examination of the victim, therefore, it cannot be said that applicant has committed rape of the victim 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 03.04.2022, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After 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.

¶5Let applicant-Dharmraj, involved in Case Crime No. 82 of 2022, under Section 376-AB I.P.C. read with Section 5/6 of Protection of Children From Sexual Offences Act, Police Station Sector-63 Noida, District Gautam Budh Nagar, 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.

¶6The 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.

¶7The bail application is allowed. Order Date :- 17.11.2023 Mustaqeem./ S.Ali High Court of Judicature at Allahabad