Heard Sri Janardan Yadav, learned counsel for the applicant, Sri Satish Kumar Singh, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Arun Kumar Shashtri seeking enlargement on bail during trial in connection with Case Crime No. 220 of 2020, under Sections 376, 147, 452, 504, 506, 507 IPC, registered at P.S. Dakshintola, District Mau.
Learned counsel for the applicant argued that the First Information Report has been lodged by the victim herself on 12.09.2020, in which, she states that the applicant had an evil eye on her since the year 2017 and had been committing rape on her since then but she did not make any complaint about it due to social reasons but now she has lodged the First Information Report stating true and correct facts after the applicant barged in her house and in front of her children and neighbours committed acts which have caused disrepute to her. It is argued that the victim is a major woman having children and a major as per medical examination report annexeure 4 wherein she has refused for her medico legal examination. It is further argued that on the own showing of the victim who is the first informant the present First Information Report has been lodged after about three years. The same is highly belated without any plausible explanation. He further argued that the applicant has no criminal hsitory as stated in para 22 of the affidavit and is in jail since 15.09.2020.
Per contra, learned AGA opposed the prayer for bail.
Looking to the facts and circumstances of the case, it is a fit case for bail, I am inclined to release the applicant on bail.
Let the applicant Arun Kumar Shashtri, be released on bail in the aforesaid 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 will not tamper with prosecution evidence and will not harm or harass the victim/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. 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.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.1.2021 M. ARIF (Samit Gopal, J.)