Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35264 of 2021 Applicant :- Sanjay Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Despite notice no one has turned up on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 173 of 2021, under Sections 376/5111 IPC and 3/4 POCSO Act, Police Station - Phoolpur, District - Varanasi with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the mother of the alleged victim and it was alleged that the present accused Sanjay Patel in drunken state forcibly carried away her daughter towards the pond on 30.05.2021 and there he was undressing the alleged victim who raised alarm, then, some villagers assembled at the spot, saved her from the clutches of the present accused and the present accused was beaten by the villagers.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case due to village party-bandi. It is submitted by the learned counsel for applicant that the only allegation against the present accused is that he was putting off the clothes of the alleged victim, thus, it is a case of only attempt to rape. There is no other allegation against this accused. Further submission is that for this allegation, the applicant is in jail for about seven months since 31.05.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. It is submitted that the accused was arrested and beaten on spot by the villagers and in the statement recorded under Sections 161 and 164 Cr.P.C. the alleged victim has consistently nominated this accused.
Keeping in view the submission of learned counsel for the parties, considering that there is only allegation of undressing the alleged victim, considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Sanjay Patel involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 23.12.2021 LBY