Ram Prakash @ Chandra Prakash v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53290 of 2023 Applicant :- Ram Prakash @ Chandra Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Ganesh Kumar, learned counsel for the applicant, Sri Virendra Pratap Singh, learned counsel for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ram Prakash @ Chandra Prakash, seeking enlargement on bail during trial in connection with Case Crime No. 293 of 2023, under Sections 376, 354, 323, 506 I.P.C., registered at Police Station Parasrampur, District Basti.

¶4The FIR of the matter was lodged on 13.09.2023 by the victim herself under Sections 354, 323, 506 IPC against the applicant alleging therein that on 04.09.2023 at about 06:00 pm when she was returning back from market, the applicant caught hold of her hand and enraged her modesty, he threatened her.

¶5Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim/first informant in her statement recorded under Section 161 Cr.P.C. states of the applicant enraging her modesty and trying to commit an illegal act on her. Subsequently, in her statement under Section 164 Cr.P.C. she states of the applicant capturing her objectionable photographs and committing rape upon her many times. It is argued that the prosecution story is not consistent, there has been change through out by the victim right from the FIR till her statement recorded under Section 164 Cr.P.C. It is argued that the story regarding rape has surfaced for the first time in her statement recorded under Section 164 Cr.P.C. It is argued that the allegation regarding capturing her objectionable photographs is false as nothing has been recovered by the police during investigation. It is further argued that as per High School Mark-sheet, the victim aged about 20 years and as such she is a major. Further, while placing para 13 of the affidavit it is argued that the victim and the applicant solemnized marriage in Hanuman Mandir. It is argued that the FIR has been lodged after a delay of about nine days for which there is no plausible explanation. He further argued that the applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 06.10.2023.

¶6Per contra, learned counsel for the State opposed the prayer for bail.

¶7After having heard learned counsels for the parties and perusing the records, it is evident that the FIR has been lodged after unexplained delay of nine days. The story regarding rape upon the victim has surfaced for the first time in her statement recorded under Section 164 Cr.P.C. Prior to the same, the case was of enraging her modesty. The victim is a major girl as per High School Marksheet.

¶8Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

¶9Let the applicant Ram Prakash @ Chandra Prakash, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶10The 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 and send the applicant to prison.

¶11The bail application is allowed. Order Date :- 12.12.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad