The Allahabad High Court has granted bail to a man from Baghpat, accused of kidnapping and raping a 15-year-old minor girl of village Moradabad under Police Station Bhojpur, Ghaziabad.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Misc Bail Application filed by Robin Kumar.
The applicant seeks bail in Case under Sections 363, 376(3) IPC and Section 5 J (ii)/6 of POCSO Act, PS Bhojpur, District Ghaziabad, during pendency of trial.
As per prosecution story, applicant is said to have enticed away the minor daughter of the informant on 29.01.2024.
It is contended by the counsel for the applicant that the applicant is innocent and has been falsely implicated in the case.
It is further submitted that perusal of the statements of the victim said to have been recorded under Sections 161 & 164 CrPC itself shows that she was consenting party.
It is stated by the victim that she was known to the applicant and wants to marry him. She has admitted that she has left her home out of her own will and went with the applicant and solemnized marriage with him and lived as husband and wife and wants to live with him.
Further submission of the counsel for the applicant is that the prosecution case set out in the FIR states that the age of the victim is 15 years. The victim in her statement under Section 164 CrPC has stated that her date of birth is 1.1.2005.
It is submitted that there are material inconsistencies in the age related evidence relied on by the prosecution which discredits the prosecution case.
It is also submitted that the victim has been falsely shown as minor only to aggravate the offence and cause the imprisonment of the applicant under the stringent provisions of the POCSO Act. The victim is, in fact, a major. Medical examination to determine the correct age of the victim was not got done as it would falsify the prosecution case.
It is further submitted that the statement of the victim is tutored and made at the behest of her parents only to deflect attention from the conduct of the victim and to save the failing prosecution. There is no medical evidence corroborating forceful assault. The applicant is in jail since 24.03.2024 and has no criminal history. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.
Per contra, AGA has vehemently opposed the prayer for grant of bail to the applicant.
“Upon hearing counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail,” the Court observed.
The Court ordered that,
Let the applicant Robin Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC, may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 CrPC. 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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