Ramakant v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13688 of 2023 Applicant :- Ramakant Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Gaurav Nigam Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard learned counsel for applicant and Sri Neeraj Tiwari, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant seeking bail in case crime no. 0097 of 2023, under sections 363 and 366 I.P.C. at Police Station-Bhira, District-Kheri.

¶3As per the version in the FIR, the victim-minor girl was found missing from her house since the evening of 04.03.2023. She was recovered and her statement under sections 161 and 164 Cr.P.C. were recorded. Finally involvement of the instant applicant was found.

¶4It is contended on behalf of the applicant that from the statements given by the victim under sections 161 and 164 Cr.P.C., no offence of any kind is made out against the applicant. The victim has said that she left her house on her own, uninfluenced by any outsider and went to the house of the accused and stayed there for three days. She said that nothing objectionable happened with her in the house of the applicant. The accused applicant is in custody in this case since last about 4 months. It is further said that the matter is confined to offence under sections 363 and 366 IPC and has not spilled beyond it. The applicant has no criminal history.

¶5The application for bail is opposed by learned A.G.A., however it is conceded that the applicant has no criminal history prior to this case; the applicant is in custody since last more than 4 months now.

¶6I considered the nature of allegation, evidence proposed and all other facts and circumstances of the case including explanatory defence offered by the applicant. In my view, a case for bail is made out.

¶7Let applicant -Ramakant be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) hearing/framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present and permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶8Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶9It 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 :- 20.11.2023/*Vikram* High Court of Judicature at Allahabad, Lucknow Bench