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2025 DIGILAW 285 (ALL)

Khushi Ram v. State of U. P.

2025-02-11

GAUTAM CHOWDHARY

body2025
JUDGMENT : Gautam Chowdhary, J. 1. Heard Shri Abhay Raj Singh, learned counsel for the applicant, learned A.G.A. for the State as well as Shri Darwari Lal, learned counsel for the informant and perused the record. 2. This is the second bail application moved on behalf of applicant. His first bail application was rejected by this Court vide order dated 19.07.2023 passed in Criminal Misc. Bail Application No. 11836 of 2022. 3. Learned counsel for the applicant submits that after rejection of first bail application, the trial has commenced. Learned counsel further submits that charges were framed on 05.04.2022 and out of 15 prosecution witness only five prosecution witnesses have deposed their evidence in trial, i.e., P.W.1-the victim, P.W.2-mother of the victim, P.W.3-Chandra Pal (cousin of complainant), P.W.4- H.C.P. Veer Pal and the first informant as P.W.5 and it appears that some more time would elapse in conclusion of trial. Learned counsel for the applicant further submits that though the victim in her statement recorded under Section 161 & 164 Cr.P.C. has clearly stated that on the date of incident when she went out of her house for throwing water the applicant came there and caught her from behind, thereafter, he took her in jungle where he committed her rape, but in the trial the victim in her cross-examination has specifically stated that she had not seen who caught her from behind, which statement has been filed as Annexure-7 to the affidavit filed in support of the bail application. Thus, learned counsel for the applicant further submits that there are material contradictions in between the deposition of the victim before the trial court as well as in the statements of victim recorded earlier under Section 161 & 164 Cr.P.C., thus, it is argued that there is bleak chance that prosecution may prove its case beyond reasonable doubt and the applicant may be convicted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.12.2021, having no criminal history and has already undergone a substantial period of incarceration, therefore, he deserves to be enlarged on bail sympathetically. 4. Learned A.G.A. for the State as well as learned counsel for the informant have opposed the prayer for bail but they could not dispute the facts asserted on behalf of applicant. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 6. Let the applicant- Khushi Ram , involved in Case Crime No. 390 of 2021, under Section 376 I.P.C. read with Section 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 4 of Protection of Children From Sexual Offences Act, Police Station Sirauli, District Bareilly, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) 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. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C. (v) 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 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 and the trial court may proceed against him under Section 229-A IPC . 7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 8. The bail application is allowed.