Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22430 of 2021 Applicant :- Bulle Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Tripathi,Arun Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, Sri Rajesh Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 454 of 2020, under Sections 366, 376 I.P.C., Police Station Phulpur, District Prayagraj.
Learned counsel for the applicant submits that according to the FIR on 6th October, 2020 at about 10.00 am. of the day victim aged about 16 years and one Poonam went out of the village to pluck woods on the pretext of marriage was enticed away by co-accused Badal of her village who is son of maternal aunt (Bua) of the applicant on instance of the applicant and took her to the hut of applicant who presently resides in new Amiliya court where applicant committed rape upon her. As per medical report, age of victim has been ascertained 19 years. In statement under Section 161 Cr.P.C., she has stated that co-accused Badal took her to the house of applicant and applicant on pretext of marriage has committed rape upon her. As per FIR Badal enticed her and he is the son of her Bua and he took the victim at the applicant's house but during investigation it was found that hut belongs to one Sanjay @ Khaturiya who is the father of the co-accused Badal. In statement under Section 164 Cr.P.C., she has stated that applicant and co-accused Badal forcibly took her away and family members of Badal confined her in the house, applicant and co-accused Badal committed misdeed with her and applicant pointed of knife to her, therefore, her statement is not reliable. After investigation Badal has been exonerated and only applicant has been charge-sheeted. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 12.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that in statement under Sections 161 & 164 Cr.P.C. she has levelled allegations against the applicant and co-accused Badal but in additional statement under Section 161 Cr.P.C. she has exonerated the co-accused Badal.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, as per FIR version as well as statement of the victim she was taken to hut of the applicant but as per site plan prepared on pointing out of the victim found to be one Sanjay @ Khaturiya as well as co-accused Badal after investigation exonerated, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Bulle involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(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 of the Indian Penal Code.
(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. is issued and the 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 of the Indian Penal Code.
(iv) 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 25.10.2021 Israr Digitally signed by ALI ZAMIN Date: 2021.11.01 13:24:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad