Heard Sri Aushim Luthra, learned counsel for the applicant, Sri Sunil Vashisth, learned counsel for the first informant, Sri Sanjay Kumar Singh, learned A.G.A. 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-Rajaram @ Goli seeking enlargement on bail during trial in connection with Case Crime No.172 of 2020, u/s 452, 386, 354, 323, 504, 506 I.P.C., registered at Police Station Pahadi, district Chitrakoot.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the allegation of outraging the modesty of the victim though has been mentioned in the first information report but the same was not mentioned in her statement recorded under Section 164 Cr.P.C. and after that her second statement under Section 161 Cr.P.C. was recorded in which she again stated that the applicant had done objectionable acts with her. It is further argued that there is no recovery of any incriminating material either from the possession of the applicant or at his pointing out. The applicant immediately prior to the present incident has been implicated in another case which has been disclosed in para no.24 of the affidavit filed in support of bail application and in the said case the applicant has been granted bail vide order dated 13.1.2021 passed by Sessions Judge, Chitrakoot, copy of the said order is annexed as annexure no.11 of the affidavit filed in support of bail application. It has also been pointed out that except the present case and other case in which the applicant has been granted bail, the applicant is not having criminal history and is in jail since 5.12.2020.
Per contra learned counsel for the first informant as well as learned A.G.A. have opposed the prayer for bail and both the counsels argued that the applicant is a man of notorious character as is evident from the nature of both the cases in which he is involved. The bail application of the applicant as such be rejected.
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, the period of detention already undergone, the unlikelihood of early conclusion of trial 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.
Let the applicant-Rajaram @ Goli, 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.
(Samit Gopal, J.) Order Date :- 12.2.2021 Gaurav