Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28652 of 2021 Applicant :- Vijendra Pal Opposite Party :- State Of U. P.
Counsel for Applicant :- Bheshaj Puri
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant, Vijendra Pal, with a prayer to release him on bail in Case Crime No. 357 of 2020, under Sections 366 and 376 IPC, police station Madhotanda, district Pilibhit during the pendency of trial.
It is argued by the learned counsel for the applicant that the informant Afsar Hussain, who is father of the victim, has lodged the first information report on 6.11.2020 in respect of an incident, which took place on 25.10.2020 for the offence under Section 363 IPC and Section 7/8 POCSO Act against one Akram. Later on, the victim in her statement recorded under Section 161 Cr.P.C. has made the allegation of rape against co- accused Dilshad and the present applicant Vijendra Pal, but the victim in her statement recorded under Section 164 Cr.P.C. has made allegation of rape only against the co-accused Dilshad. So far as the present applicant is concerned, the victim has stated that he used to beat her. Learned counsel for the applicant next argued that the co-accused, Dilshad has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 30.6.2021 passed in Criminal Misc. Bail Application No. 18988 of 2021 and the case of present applicant stands on much better footing than that of co-accused, Dilshad, therefore the applicant is also entitled to be released on bail. The applicant is not a previous convict. The applicant has no criminal history to his credit and is languishing in jail since 14.2.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant, but conceded on the point that the case of the present applicant stands on much better footing than that of co-accused, Dilshad, who has been granted bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vijendra Pal 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 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 file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 Sumaira Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.30 18:09:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad