Sumit Kumar v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50516 of 2023 Applicant :- Sumit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mishra,Prabhat Tripathi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3The present first bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant in Case Crime No. 374 of 2023 under Sections 363, 366 I.P.C. Police Station Java, District Aligarh with the prayer to enlarge him on bail.

¶4Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Allegations as per the F.I.R. is that daughter of the complainant has been enticed away by some unknown person. It is submitted that applicant has been arrested on the basis of information given by the brother of the girl. It is submitted that there is no external injuries found on the body of the victim. It is further submitted that victim has refused for her medical examination. It is contended that there is contradiction in the statement of victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. It is next contended that the applicant is of tender age and victim herself stated in her statement under Section 161 Cr.P.C. that she herself accompanied applicant and there is no exerted by the applicant and in the statement recorded under Section 164 Cr.P.C. she totally denied the case of prosecution. Applicant is languishing in jail since 10.09.2023 having no criminal history to his credit and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.

¶5On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.

¶6Considering the fact that the victim was 16 years old at the time of the said incident, there is contradiction in her statement recorded under Section 161 Cr.P.C. and statement under Section 164 Cr.P.C., in her statement recorded under Section 161 Cr.P.C. she stated that she herself accompanied the applicant, in the statement recorded under Section 164 Cr.P.C. she totally denied the case of the prosecution, victim and the applicant were recovered together and victim herself stated that she wants to marry with the present applicant, applicant is of tender age and languishing in jail since 10.09.2023 having no criminal history to his credit, there is no possibility fleeing from the jurisdiction of this Court, there is no likelihood of early conclusion of the trial and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶7Let applicant Sumit Kumar be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) 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.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) 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.

(iv) 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 5.12.2023 Karan High Court of Judicature at Allahabad