Vivek Verma @ Banti v. State of U.P. and 3 Others

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37429 of 2023 Applicant :- Vivek Verma @ Banti Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A.,Virendra Kumar Srivastava Hon'ble Siddharth,J. Heard Sri Sunil Kumar Pathak, learned counsel for the applicant; Sri Virendra Kumar Srivastava, learned counsel for the informant and learned A.G.A for the State. Despite service of notice on opposite party no. 2, no one has turned up to oppose this bail application. There are allegations against the applicant of committing the offences of rape, unnatural intercourse and also offence under Sections 3/4 POCSO Act and 506 IPC. Counsel for the applicant submits that it is a case of false implication. The victim is a married and major woman. She had friendship with the applicant prior to her marriage. Even after marriage she refused to severe her ties with the applicant and used to enter into physical relationship with the applicant. It appears that when she was caught with the applicant by someone in her matrimonial home she has falsely implicated the applicant. The applicant is in jail since 14.06.2023 and has criminal history of one case. On the other hand learned A.G.A has opposed the prayer for bail. 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 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, Vivek Verma @ Banti, involved in Case Crime No. 114 of 2023, under Sections-376, 377, 506 IPC and Section 3/4 of POCSO Act, Police Station-Kamla Nagar, District-Agra, 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.

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) 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. is issued and the 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 of the Indian Penal Code.

(v) The 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 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 2.12.2023 Rohit High Court of Judicature at Allahabad