HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36908 of 2019
Applicant :- Ram Dev Verma
Opposite Party :- State of U.P.
Counsel for Applicant :- Aktar Ahmed Siddiqui
Counsel for Opposite Party :- G.A.,Vipin Chandra Pal
Heard learned counsel for the applicant, Shri Vipin Chandra Pal, learned counsel for the informant learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ram Dev Verma with a prayer to release him on bail in Case Crime No. 350 of 2019, under Section 376 IPC, and section 3/4 of Protection of Children From Sexual Offence Act, 2012 Police Station Roza, District- Shahjahanpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is submitted that father of the victim, Balram Verma is driver of village Pradhan, who keeps enmity with the applicant.The village Pradhan, Ramesh Chandra, with the help of his driver, fabricated false story of prosecution and falsely implicated the applicant in the present case because applicant alongwith some other villagers had filed complaint application against village Pradhan for illegal use of Gram Nidhi amount. On their application inquiry was conducted against the village pradhan vide order dated 28.6.2019 by Chief Development Officer , Shahjahanpur.Therefore, village pradhan due to malafide intention fabricated false story only to harass the applicant and instigated his driver to lodge the First Information Report.It is also submitted that village Pradhan implicated other person,namely, Prem Pal son of Ashe Ram under Section 354 I.P.C. and 3/4 of POSCO Act by his servants’s daughter. Prempal had also demonstrated against the village Pradhan against his corrupt and illegal work, whereby he had misused the money of Gram Nidhi.It has further been submitted that medical report does not supports the allegation made in the First Information Report.As per medical report victim is aged about 17 years. Given margin of two years on higher side, she can be considered to be major. The applicant is languishing in jail since 8.8.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.2.2020
Atul kr. sri.