Ramu @ Naiya v. The State of U.P. Thru. Prin. Secy. Lko. and Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11315 of 2023 Applicant :- Ramu @ Naiya Opposite Party :- The State Of U.P. Thru. Prin. Secy. Lko. And Others Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Vakalatnama filed by Shri D.P. Singh, Advocate on behalf of complainant is taken on record.

¶2Heard Shri Anil Kumar Tiwari, learned counsel for the applicant, Shri G.D. Bhatta, learned AGA-I for the State and Shri D.P. Singh, learned counsel for the complainant and perused the record.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.263 of 2023, under Sections 363, 366, 376 I.P.C., and 3/4 POCSO Act, Police Station Purakalandar District Faizabad/Ayodhya.

¶4It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel submitted that father of the prosecutrix lodged FIR making allegation that applicant had enticed away his daughter, who was minor. Learned counsel submitted that the in the statement recorded under Section 164 Cr.P.C., prosecutrix has stated that she is 19 years of age and she was in love with the applicant and out of her free will, she had gone to Delhi and had performed the marriage. She further deposed that no rape was committed by the applicant. Learned counsel submitted that prosecutrix has become major and she has filed the present afÏdavit claiming to be pairokar of the applicant. he applicant has no criminal history. The applicant is in jail since 20.06.2023.

¶5On the other hand learned counsel for the complainant has submitted that he has no objection. Learned AGA has opposed the prayer for bail but could not dispute the fact that the statement recorded under section 164 Cr.P.C. does not support the prosecution case.

¶6Without expressing any opinion on the merits of the case, after hearing learned counsel for the parties and considering the argument that it is a case of consent; argument that the statement under section 164 Cr.P.C. does not support the prosecution case, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶7Let the applicant, Ramu @ Naiya 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 sufÏcient 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 sufÏcient 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 :- 6.11.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench