The Allahabad High Court has allowed the bail application of a man accused of kidnapping and raping a minor girl.
A single-judge bench of Justice Rajeev Misra passed this order while hearing a Criminal Misc Bail Application filed by Vipin Kumar.
The application for bail has been filed by applicant Vipin Kumar seeking his enlargement on bail in case under Sections 363, 376 IPC and 3/4 POCSO Act, Police Station Narsena, District Bulandshahr, during pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on June 17, 2021, a belated FIR dated June 18, 2021 was lodged by first informant Ravindra Kumar, father of prosecutrix, which was registered as Case under sections 363, 376 IPC and 3/4 POCSO Act, Police Station-Narsena, District Bulandshahr.
According to the prosecution story and the FIR, it is alleged that on June 17, 2021 at around 9 am, first informant Ravindra Kumar after dropping his minor daughter home, went to his field.
However, when he returned he did not find his daughter in the house and thereafter he searched for her whereabouts. Upon enquiry, one Rajni Devi told him that the applicant had enticed the minor daughter away.
Subsequent to the FIR, the prosecutrix was recovered on June 20, 2021. Thereafter, her statement under Section 161 CrPC was recorded by the Investigating Officer followed by her statement under Section 164 CrPC. It is apposite to mention here that prosecutrix refused medical examination.
The counsel for the applicant contended that the applicant is innocent. The applicant has been falsely implicated in above mentioned case crime number. Allegations made in FIR are false and concocted. As such, the applicant has been falsely prosecuted in aforesaid case crime number. The date of birth of prosecutrix is June 25, 2004. Incident has occurred on June 17, 2021. As such, prosecutrix was aged about 16 years and 11 months and 22 days on the date of occurrence.
It is then submitted that prosecutrix in her statement under section 161 CrPC as well as her statement before the Child Welfare Committee has not supported the prosecution story. In her statement under Section 164 CrPC, prosecutrix has admitted that she had accompanied the applicant and no force was extended upon her.
On the aforesaid premise, Counsel for the applicant contends that no offence under Section 363 IPC can be said to have been committed by the applicant. In the absence of any medical evidence, the applicant cannot be convicted under Section 376 IPC.
It is submitted that the applicant is in jail since June 20, 2021. As such, the applicant has undergone more than seven months of incarceration. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
The AGA has opposed the prayer for bail. However, he could not dispute the factual and legal submissions urged by counsel for the applicant.
“Having heard counsel for applicant, AGA for State, upon perusal of material brought on record as well as the complicity of applicant and accusation made but without making any comment on the merits of the case, I find that applicant has made out a case for bail,” the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Vipin Kumar, be released on bail in the case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 Cr.P.C., 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.