Rajiv Bharadwaj vs State of U.P.

A. Mateen, J.—Heard Sri Satyavir Singh Yadav, learned Counsel for the applicant and Sri P.D. Tewari, learned Counsel appearing for the complainant and the learned A.P.P. I have also gone through the F.I.R., the recovery memo of the girl Km. Neelakshi Pathak, her statement recorded under Section 164 Cr.P.C. as well as the bail rejection order of the Court below.

F.I.R. of the incident was lodged on 2592001. After various efforts having been made, Km. Neelakshi Pathak was recovered on 23102001. Thereafter, her statement under Section 164 Cr.P.C. was recorded on 382002. Coaccused of the present case, namely, Sanjay Bharadwaj alias Babloo as well as Sanjay Poothia have been granted bail by this Court on 31102002 and 5122002 respectively.

As it comes out from the order of the learned Sessions Judge, the applicant absconded and the investigating agency could only lay hands upon him after proceeding under Section 82/83 Cr.P.C. were initiated. Learned Counsel for the complainant stated that the accused applicant is in jail for about 11/2 months, but co accused Sanjay Bharadwaj alias Babloo and Sanjay Poothia, who have been released on bail are not turning up after their release on bail, as such, the case inspite of chargesheet having been filed, has not yet been committed to the Sessions and if the present accusedapplicant will be released on bail, he will also abscond or shall put every hindrance in committal of the case. Sri Tewari further stated that on each and every date before the Court below, the case is adjourned on one pretext or the other at the behest of the coaccused and since they are not turning up, as such, the case is still at the committal stage.

While considering the entire facts and circumstances of the case and also that since two coaccused have already been granted bail and in the totality of circumstances of the case and in the fitness of thing, I direct that accusedapplicant be also released on bail.

Let applicant Rajiv Bharadwaj involved in Crime No. 239 of 2001 under Section 364 I.P.C. of P.S. Bazar Khala, District Lucknow be released on bail on his furnishing a personal bond and two heavy local sureties in the like amount to the satisfaction of learned C.J.M. Lucknow.

It is further provided that if at the time of committal of the case or at the time of framing of charges, the applicant fails to appear before the Court concerned or, any threat to extended by him to the maternal grandmother or Km. Neelakshi Pathak, it will be open to the complainant to move an application for cancellation of bail before the Court concerned who shall be free to cancel the same without referring the same to this Court.