Rampal @ Munna v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50472 of 2023 Applicant :- Rampal @ Munna Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jagdish Prasad Mishra 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 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 father of the victim in unknown alleging therein that his minor daughter aged about 16 years has been enticed away by some unknown person. Learned counsel for the applicant further submits that victim in her statements recorded under Sections 161 & 164 Cr.P.C. has stated that on the date of incident she went on her own and reached Khatauli where applicant met him, she knew applicant for the last three years and they used to talk on mobile phone, thereafter, they went Jharkhand where they solemnized marriage on 14.08.2022 in a temple and they are living as husband and wife and physical relation was made between them on their own wishes and she has not made any allegation of forceful commission of rape against the applicant. Learned counsel for the applicant further submits that in the trial court the statement of victim was recorded as P.W.1, where she supported the prosecution version which was given under the pressure of her parents and the police to give colour to the prosecution case. Learned counsel for the applicant further submits that in her medical examination no signs of injury was seen externally on her person, her hymen was found torn and well healed, and doctor has given his opinion that no definite opinion can be made on sexual assault. Learned counsel for the applicant submits that medical report also does not support of the prosecution case and as per the statements of victim recorded under Sections 161 & 164 Cr.P.C. the applicant and the victim know each other very well prior to the incident, the victim went on her own wishes with the applicant and solemnized marriage with the applicant on her own wishes and developed sexual relations with him on her own, thus, it appears that victim is a consenting party. He thus submits that no offence against the applicant is made out. 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 17.08.2022 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-Rampal @ Munna, involved in Case Crime No. 239 of 2022, under Sections 363, 366, 376 I.P.C. read with Section 3/4 of Protection of Children From Sexual Offences Act and Section 3(2)5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Charthawal, District Muzaffar 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 :- 24.11.2023 Mustaqeem. High Court of Judicature at Allahabad