Vikas Kumar v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51759 of 2023 Applicant :- Vikas Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A.,Khwaja Shamshad Ahmad Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard Shri Satish Sharma, the learned counsel for the applicant, learned A.G.A for the State as well as Shri Khwaja Shamshad Ahmad, the learned counsel for the informant and perused the record.

¶2Learned counsel for the applicant submits that the victim herself lodged the present F.I.R. dated 19.09.2023 against the applicant and two other accused persons, namely, Anil Kumar and Mangla with the allegation that on the pretext of false promise of marriage the co-accused, Anil Kumar used to make sexual relations with her from the year, 2018 and he also used to commit her rape by the applicant and one other co-accused, Mangla. Learned counsel for the applicant further submits that in the F.I.R. there is no date or time mentioned regarding commission of rape of the victim, as per the victim the applicant and other accused used to commit her rape from the year 2016 to 2019 but the F.I.R. in that regard has been lodged by the victim on 19.09.2023, which is after a lapse of seven years without any plausible explanation of delay. Learned counsel for the applicant further submits that earlier the victim lodged an N.C.R. No. 0169 of 2020 dated 24.12.2020 under Section 498 I.P.C. against the co-accused, Anil Kumar alleging therein that co-accused, Anil Kumar after keeping her for the last six years and left her. Learned counsel for the applicant further submits there are various contradictions in the statements of the victim recorded under Sections 161 & 164 Cr.P.C. as well as in the F.I.R. and the N.C.R. which was got registered by the victim earlier. Learned counsel for the applicant further submits medical evidence does not support the prosecution case. Learned counsel for the applicant further submits that victim is a married woman aged about 37 years and she was in relations with the co-accused, Anil Kumar, and she had made allegation against all the accused persons for commission of her rape several times for the last six years, but she has not made any complaint earlier in that regard, it appears that victim is a consenting party. 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 17.10.2023, having no criminal history.

¶3Per contra, learned A.G.A. as well as learned counsel for the informant have 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-Vikas Kumar, involved in Case Crime No. 177 of 2023, under Sections 376-D, 377 I.P.C., Police Station Utraon, District Prayagraj, 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 :- 11.12.2023 Mustaqeem. High Court of Judicature at Allahabad