Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29740 of 2019 Applicant :- Sulekh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 133 of 2017, under Sections 376, 328, 323, 504, 506 IPC, P.S. Dhaulana, District Hapur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely been implicated in this case. Learned counsel for the applicant has further submitted that as per the allegation made in the FIR, the incident took place on 30.03.2017 and the first information report was lodged on 06.05.2017 against the applicant and co-accused namely; Chandrapal, Mula and Narendra with the allegation that the applicant came into her house and after administers/ smelling some medicine, when she become unconscious, they have committed rape upon her and have made video clips. When her husband reached his house, they ran away. On the basis of said video clip, they have blackmailed her. It is further submitted, that the victim moved an application along with affidavit before the Magistrate, mentioning therein that the applicant has not committed rape upon her. Not only this she has never admitted herself for any medical examination so as to testifying the fraction of rape upon her. On being influenced by some persons, she lodged first information report against the applicant and co- accused persons. He lastly submitted that the applicant is in jail since 25.06.2019, is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and could not dispute the aforementioned facts and submitted that Section 376 IPC is not compoundable office, it is heinous offence and for the purpose of bail it cannot be taken into account.
Considering the submissions made by learned counsel for the applicant as well as learned AGA, the statement under Sections 161 and 164 Cr.P.C. and her refusal to get her medical examination and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Sulekh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 133 of 2017, under Sections 376, 328, 323, 504, 506 IPC, P.S. Dhaulana, District Hapur, with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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.
(ii) THE APPLICANT 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 IPC.
(iii) IN CASE, THE APPLICANT MISUSE 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 IPC.
(iv) 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 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 25.7.2019 v.k.updh.