Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38735 of 2019 Applicant :- Trimal @ Tejveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Siddharth Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Ajeet Kumar Solanki, holding brief of Sri Siddharth Pandey, learned counsel for the applicant, Sri Irshad Hussain learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the there were two accused persons, namely, Ranjeet and Amit Chauhan were named in the FIR. He further submits that the the applicant was neither named in the FIR nor the prosecutrix in her statement under Section 161 Cr.P.C. disclosed the name of the applicant and the name of the applicant has come into light for the first time in 164 Cr.P.C. statement of the prosecutrix in which she has attributed the allegation of commission of rape against the four accused persons including the present applicant and alleged that it was the co-accused Amit Chauhan who committed rape on her, had called the applicant who also committed rape on the prosecutrix. He further submitted that admittedly the prosecutrix is a married woman aged about 35 years. Although, she has made an allegation of rape against the applicant but the same has not been corroborated by any medical evidence and surrounding circumstances which totally belies the prosecution case as well as statement under Section 164 Cr.P.C. He next argued that the identically situated co-accused Jhamman Lal who was also not named in the FIR, has been granted bail by a Coordinate Bench of this Court on 24.4.2018 in Crl. Misc. Bail Application 15174 of 2018, copy of which has been produced by learned counsel for the applicant and is taken on record, hence, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 19.5.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Trimal @ Tejveer involved in Case Crime No.555 of 2017, under Sections 366, 376D, 506 I.P.C., Police Station Bilsanda, District Pilibhit be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 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.
(iii) 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. is issued and the 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 of the Indian Penal Code.
(iv) 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 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.
(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
The case of the applicant is distinguishable from the co-accused who are named in the FIR.
Order Date :- 30.9.2019/NS