Nagendra Kumar Patel v. State of U.P. Thru. Prin. Secy. (Home), U.P. Lko. and Another

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12259 of 2023 Applicant :- Nagendra Kumar Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), U.P. Lko. And Another Counsel for Applicant :- Anju Singh,Dinesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri M.V.S. Chauhan, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.109 of 2023 under Section 376, 354ka, 504, 506 IPC, PS Fatanpur district Pratapgarh.

¶3Learned counsel for the applicant has submitted that father of the applicant Vijai Kumar Patel had lodged FIR on 22.2.2023 as case crime No.0035 of 2023 under Section 147, 323, 504, 506, 452, 308 IPC, PS Fatanpur, district Pratapgarh in which the father of the victim and other family members are accused. He has further submitted that a cross case was also lodged by the father of victim on 10.3.2023 as case crime No.0048 of 2023 under Section 147, 148, 323, 504, 506, 427 IPC, PS Fatanpur district Pratapgarh in which the applicant and his family members along with the father Vijay Kumar Patel, are accused.

¶4Learned counsel for the applicant has further submitted that the parties have got enmity and out of the said enmity due to retaliation, the present case has been lodged by the prosecutrix under Section 376,, 354ka, 504, 506 IPC just to settle the score. He has submitted that the prosecutrix has refused for internal examination and as per medical report, the age of the prosecutrix is 19 years and she is major. It has been submitted that this FIR has been lodged just to create pressure and the statement under Section 164 CrPC and the version of FIR are cooked up and the applicant has been falsely implicated. Learned counsel for the applicant has further submitted that once prior enmity is established, therefore, there is no question of doing such heinous act. The time of incident is stated to be

12.30 p.m. and the entire family members of the prosecutrix were present, then how such incident would take place without any protest or alarm raised by the prosecutrix or by her family members.

¶5Learned A.G.A. has opposed the for bail and submitted that statement under Section 164 CrPC indicates that it is a case of rape and, bail application is liable to be rejected.

¶6Considering over all facts and circumstances of the case, the argument that out of retaliation, the prosecution case has been set up against the applicant just to settle score, the argument that earlier FIRs were lodged by the applicant side and the complainant side, the argument that the prosecutrix refused for internal medical examination, thus, medical has not been done, it is a fit case for bail.

¶7Let the applicant, Nagendra Kumar Patel be released on bail in the above case crime number 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.

¶8It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 16.10.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench