Heard Sri Ved Prakash Pandey, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Kadir seeking enlargement on bail during trial in connection with Case Crime No. 353 of 2020, under Sections 376, 452, 354 IPC, registered at P.S. Madanapur, District Shahjahanpur.
Learned counsel for the applicant argued that applicant has been falsely implicated in the present case. It is further argued that initially the first information report of the present incident was registered under Section 452, 354, 506 I.P.C. by the victim herself and in her statement recorded under Section 161 Cr.P.C., she stated very same but later on in her statement recorded under Section 164 Cr.P.C., she has changed the prosecution story and has stated that she was raped by the applicant after which the present case was converted into one under Section 376 I.P.C. It is further argued that victim is a married lady having children and in her statement recorded under Section 161 Cr.P.C., she stated her age to be 35 years whereas in the statement recorded under Section 164 Cr.P.C., she stated to be of 50 years old. It is further argued that medical report is not suggestive of any act of rape being committed on her. It is further argued that the applicant has no criminal history as stated in para 11 of the affidavit and is in jail since 05.08.2020.
Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments as raised.
Looking to the facts and circumstances of the case, it is a fit case for bail, I am inclined to release the applicant on bail.
Let the applicant Surjeet @ Kalloo, 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.
Order Date :- 21.1.2021 AKT (Samit Gopal,J.)