Shivam Verma v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15338 of 2023 Applicant :- Shivam Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Upendra Prakash Pathak,Manish Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Short counter afÏdavit filed by the guardian (uncle) of the victim is taken on record.

¶2Heard Shri Upendra Prakash Pathak, learned counsel for the accused-applicant as well as Shri Diwakar Singh, learned A.G.A. for the State and perused the record.

¶3This bail application has been filed seeking release of accused/applicant Shivam Verma on bail, who is involved in Case Crime No. 257 of 2021, under Sections 376D, 323, 504, 506 I.P.C. & 5/6 POCSO Act and Section 3(2)(V) S.C/S.T Act, Police Station-Loni Katra, District-Barabanki.

¶4Learned counsel for the applicant submitted before the Court that P.W.-1, the prosecutrix, in her statement under Section 164 Cr.P.C, has levelled specific allegation of physical assault against co-accused Guddu and the name of the applicant has not been mentioned by her. Thereafter, her supplementary statement was recorded by the Police in which she has specifically mentioned that the applicant did not commit rape on her. It has been mentioned by learned counsel for applicant that though P.W.-1, the prosecutrix has been examined before the trial Court but in examination-in-chief, as well as in cross-examination, she has not supported the prosecution case, rather, she has levelled allegation of rape against co-accused Guddu. She has further stated that the applicant is not known to her nor he committed rape upon her. She further stated that the four co-accused belonged to the same village, whereas the applicant belongs to her own village.

¶5It is further submitted by the learned counsel for the applicant that after looking into the statement of P.W.-1, the presumption goes in favour of the applicant and at the present moment, it cannot be inferred that the applicant has committed any crime. He further stated that there is no criminal history against the applicant and he is languishing in jail since 01.05.2022.

¶6Learned A.G.A. has, however, opposed the prayer for grant of bail but she could not dispute that P.W.-1 (prosecutrix) has not supported the prosecution case.

¶7Learned counsel for guardian of the prosecutrix has filed short counter afÏdavit and she has not opposed the bail of the applicant.

¶8Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that P.W.-1, the prosecutrix has not supported the prosecution case, I find it to be a fit case for grant of bail.

¶9Accordingly, the bail application is allowed.

¶10Let the accused/applicant Shivam Verma involved in above-mentioned case be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to 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.

¶10It 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 :- 22.12.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench