HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Chief Justice's Court Case :- BAIL No. - 2214 of 2018 Applicant :- Shivjeet @ Sujeet Opposite Party :- State of U.P.
Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Munishwar Nath Bhandari,Acting Chief Justice None appears on behalf of the applicant to press the bail application.
It is a case where an F.I.R. was registered on 18.09.2017 as Case Crime No. 310 of 2017 with Police Station Hadergarh, District Barabanki for commission of offence under Section 376 I.P.C. and 3/4 of P.O.C.S.O. Act.
After investigation, the charge sheet was filed. The bail application moved by the applicant was however dismissed by the Trial Court on 16.12.2017. The applicant came with a case of old enmity between the parties. False allegations said to have been made against him for commission of offence under Sections 376 I.P.C. and 3/4 of P.O.C.S.O. Act.
The victim is said to be at the age of 17 years but medical report does not show any injury either on the private part or elsewhere to the victim.
The applicant is behind the bars for the last four years and the trial is likely to take time.
Smt. Meera Tripathi, learned A.G.A. has opposed the bail application.
The material available on record does not show collection of evidence which may include the clothes having blood or semen on it.
Taking the facts in totality and that the applicant is behind the bars for the last four years, I find it to be a case for bail. Any comment in this order would not be carried in the trial and otherwise I am not making comments on merit for the reason that it may affect either of the parties in the trial.
The bail application is allowed.
Let the applicant Shivjeet @ Sujeet be released on bail on his executing personal bond and furnishing two sureties of Rs. 25,000/- each to the satisfaction of the court concerned in Case Crime No. 310 of 2017 with Police Station Hadergarh, District Barabanki for commission of offence under Section 376 I.P.C. and 3/4 of P.O.C.S.O. Act, on the following conditions-:
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 18.8.2021 Nirmal_Sinha (Munishwar Nath Bhandari, A.C.J.)