Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22840 of 2019 Applicant :- Malkhan Singh Alias Indal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Nayan Singh,Tribhuwan Singh Counsel for Opposite Party :- G.A.
Connect with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20297 of 2019 Applicant :- Ramveer Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Nayan Singh,Tribhuwan Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rajeev Nayan Singh, learned counsel for the applicants, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The present bail applications have been filed by the applicants- Malkhan Singh Alias Indal and Ramveer Singh and Veer Singh with a prayer to enlarge them on bail in Complaint Case/Special Session Trial No. 80 of 2017, under Sections 394, 366, 376, 506 I.P.C., Police Station-Bilhor, District- Kanpur Nagar, during the pendency of trial.
It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is next argued that it is a complaint case, which was lodged by the complainant-Samar Singh against eight named accused persons including the applicants with allegations that the accused persons entered into the complainant's house and looted property and when objected the same by the complainant's wife, she was taken away by the accused persons and on the next day, she returned home and stated that the accused persons had sexually assaulted her. It is next submitted that the present complaint was lodged on 12.07.2017 after nearly one month of the date of incident, i.e. 25.06.2017, without giving any plausible reason for the same. It is next submitted that the statement of complainant was recorded under section 200 Cr.P.C. and the statements of two witnesses, namely, Smt. Aalo and Ramprakash, were recorded under section 202 Cr.P.C, on the basis of which the allegations have been made against all the accused persons regarding loot and sexual assault. It is next submitted that nothing has been recovered from the possession of the applicant or on his pointing out. There is no medico legal report on record or any other evidence apart from the statement of the victim under Section 200 Cr.P.C. to show that the victim-Smt. Aalo Devi was sexually assaulted by the accused persons. It is next submitted that the informant is land lord and the applicants being tenants of the informant, hence a false complaint has been lodged against the applicants, in order to get his premises vacated. The applicants are languishing in jail since 05.04.2019. The applicants do not have any previous criminal history. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicants involved in aforesaid case crime be released on bail on their 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants 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 applicants 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 applicants are 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.
Order Date :- 7.6.2019 JK Yadav