Arvind Verma v. State of U.P Thru. Secy. Deptt. Home Secrt. Lko. and 3 Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12342 of 2023 Applicant :- Arvind Verma Opposite Party :- State Of U.P Thru. Secy. Deptt. Home Secrt. Lko. And 3 Others Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Notice has been served upon opposite party no.2/complainant but none has appeared on her behalf to press the bail application.

¶2Heard learned counsel for the applicant and Sri Akhilesh Kumar Srivastava, learned A.G.A. for the State.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.601 of 2022, under sections 363, 366, 376, 506 IPC and Sections 3/4 of POCSO Act, Police Station Kotwali Ayodhya, District Ayodhya.

¶4Learned counsel for the applicant has invited attention of this Court towards the statement of the prosecutrix recorded under section 164 Cr.P.C. in which she deposed before the court that she had gone to the house of the applicant and thereafter she had gone to Lucknow and she remained with the applicant for five days at the station. Thereafter marriage was performed between the applicant and the prosecutrix on 01.01.2023 in Dev Kali Temple and she lived with the applicant as wife and physical relation was also established on her free will. Learned counsel for the applicant has submitted that it is case of consent and there is no ingredients of section 375 IPC and as per radio logical report,the age of the prosecutrix is 17 years and the benefit of two years upper age may be extended and it may be inferred that the prosecutrix 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 24.06.2023.

¶5Learned A.G.A. has opposed the prayer for bail and has submitted that the prosecutrix was minor at the relevant time, therefore, physical relation established against a minor girl comes within the purview of rape, as such the applicant is not entitled for bail.

¶6Without 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 that the prosecutrix had performed marriage with the applicant and the argument that it is case of consent, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶7Let the applicant, namely, Arvind Verma, 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 :- 8.12.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench