Rajan Jaiswal v. State of U.P. and 2 Others

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49337 of 2023 Applicant :- Rajan Jaiswal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rakesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 507 of 2023, under Section 363, 366 IPC, Police Station Gorakhnath, District Gorakhpur, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. As per the ossification test report the victim was found aged about 17 years. The victim in her statement under Section 164 Cr.P.C. stated that she had gone with the applicant voluntarily to Kushinagar and entered into wedlock. There is no allegation of indecent behavior or sexual assault against the applicant. The applicant is in jail since

30.08.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that as per the ossification test report the victim was found aged about 17 years. The victim in her statement under Section 164 Cr.P.C. stated that she had gone with the applicant voluntarily to Kushinagar and entered into wedlock. The applicant has no criminal antecedents. The applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Rajan Jaiswal, involved in the aforesaid case 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.12.2023 Lbm/- High Court of Judicature at Allahabad