Suraj Kumar v. State of U.P.And 3 Others

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13253 of 2023 Applicant :- Suraj Kumar Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Anoop Kumar Counsel for Opposite Party :- G.A.,Bashisth Narain Pandey,Shatrughn Pandey Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Anoop Kumar, learned counsel for the applicant, Sri Bashisth Narain Pandey, learned counsel for the first informant, Sri Ram Prakash Shukla, learned counsel 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 Suraj Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 02 of 2023, under Sections 363, 376 I.P.C., Section 3/4 POCSO Act, 2012 and Section 3(2)(v) SC/ST Act, registered at Police Station Walterganj, District Basti.

¶4The FIR of the matter was lodged on 02.01.2023 by Rambahal against unknown person alleging therein that his daughter aged about 13 years went to ease herself on 01.02.2023 at 07:00 pm. She did not return back. She was searched a lot but could not be traced.

¶5Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the FIR. His name has surfaced in the present matter in the second statement of the first informant recorded under Section 161 Cr.P.C. in which he stated that one Nanka @ Suraj committed rape upon his daughter. It is argued that the victim in her statement recorded under Section 161 Cr.P.C. did not name the applicant. She states that she had gone to ease herself where due to cold and dizziness, she became unconscious after which her parents searched her and brought her back to the house and she told her about the said incident but in the meantime her father has been lodged a First Information Report. It is argued that subsequently the victim in her statement recorded under Section 164 Cr.P.C. gives different version and states that one Nanka who used to chase her regularly when she returned to school, caught hold of her and committed rape upon her. It is argued that the medical examination does not support the prosecution case. It is argued that charge sheet in the matter has been submitted against the applicant as such there are no chances of the applicant tampering with evidence. He further argued that the applicant has no criminal history as stated in para 31 of the affidavit and is in jail since 15.01.2023.

¶6Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

¶7After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is not named in the FIR and the first statement of the informant recorded under Section 161 Cr.P.C. and even in the statement of the victim under Section 161 Cr.P.C. His name finds place in the second statement of the informant under Section 161 Cr.P.C.

¶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 Suraj Kumar, 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. Order Date :- 23.11.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad