Chhotu @ Ram Naresh Kewat v. State of U.P. Thru. Its Prin. Secy. Home, Lucknow

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12316 of 2023 Applicant :- Chhotu @ Ram Naresh Kewat Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lucknow Counsel for Applicant :- Rajan Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A.-I for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.242 of 2023, under Section 376 and 506 IPC, Police Station Hazoorpur District Bahraich.

3.It has been submitted by learned counsel for the applicant that FIR has been lodged by the victim herself and she has mentioned that prior to six months rape was committed by the applicant. In the statement under section 164 Cr.P.C. she has stated that prior to six months when she had gone to outside for natural call, the applicant had committed rape and she became pregnant and after six months family members came to know about her pregnancy,then the FIR has been lodged. Learned counsel for the applicant has submitted that from the bare perusal of FIR as well as statement of the prosecturix recorded under section 164 Cr.P.C. it appears that it is case of consent and and for about six months she was keeping mum and she did not raise any alarm when the physical relation was established. It has been submitted that it is case of consent and there is no forceful act that can be seen in the present case. Learned counsel for the applicant has submitted that the medical report does not support the prosecution case. It has also been submitted by learned counsel for the applicant that the age of the prosectrix is 20 years and she was major at the relevant time. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since

06.07.2023.

¶4Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument of consent and the medical report does not support the prsoecution case, therefore, I am of the opinion that the applicant is entitled to be released on bail .

¶6Let the applicant, namely, Chhotu @ Ram Naresh Kewat, 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. It 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 :- 17.10.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench