Sonu @ Amit Kumar v. State of U.P. and 3 Others

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29838 of 2023 Applicant :- Sonu @ Amit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishe Pandey,Ratan Kumar Mishra,Ravi Ranjan Singh Counsel for Opposite Party :- G.A.,Mohd. Shahanshah Khan Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Ratan Kumar Mishra, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

¶3Sri Mohd. Shahanshah Khan, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.

¶4This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sonu @ Amit Kumar, seeking enlargement on bail during trial in S.T.No. 458 of 2023, arising out of Case Crime No. 16 of 2023, under Sections 363, 376, 120B I.P.C. & 3/4 POCSO Act, registered at P.S. Kotwali Dehat, District Mirzapur.

¶5The F.I.R. of the matter was lodged on 30.1.2023 by Govindi against Ajit Bind alleging therein that her daughter is not traceable since 29.1.2023 from 05.00 a.m. She was searched a lot but could not be traced. She has a belief that she has been enticed away by Ajit Bind. The F.I.R. has thus been lodged.

¶6Learned counsel for the applicant argued that the applicant is not named in the F.I.R. His name has surfaced for the first time in the statement of the victim recorded under Section 161 Cr.P.C. It is argued that the victim went with co-accused Ajit Bind to various places through various modes and stayed with him at Kanpur and Mumbai wherein co-accused Ajit Bind established physical relationship with her. It is argued that the applicant has been falsely implicated in the present case. It is further argued that the victim is opined to be 18 to 19 years of age as per radiological examination. It is argued that the co-accused Ajit Bind has been granted bail by a co-ordinate Bench of this Court vide order dated 3.7.2023 passed in Criminal Misc. Bail Application No. 26059 of 2023, copy of the said order has been produced before the Court which is taken on record. The applicant has no other criminal antecedents as stated in para-27 of the affidavit and is in jail since 16.5.2023.

¶7Per contra, learned State counsel opposed the prayer for bail but could not dispute the arguments as aforesaid.

¶8After having heard learned counsels for the parties and perusing the record, it is evident that as per radiological examination the victim is a major girl. She traveled with the co-accused Ajit Bind to various places through various modes without any objection. She stayed with Ajit Bind in Kanpur and Mumbail who established physical relationship with her. Ajit Bind has been granted bail by a co-ordinate Bench of this Court.

¶9Looking 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.

¶10Let the applicant-Sonu @ Amit 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.

¶11The 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.

¶12The bail application is allowed. (Samit Gopal,J.) Order Date :- 23.11.2023 Naresh High Court of Judicature at Allahabad