Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43330 of 2021 Applicant :- Vikki Srivas Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned brief holder appearing on behalf of the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is further submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. It is next submitted that there is no credential evidence against the applicant which may show involvement of the applicant in the present case. There is no independent reliable eye witness of the alleged incident. It is next submitted that in the medical report no internal or external injury has been found on the person of the victim. In fact the victim is a free mind lady and wanted to marry with the applicant and on refusal from the side of the applicant she has set up a false story against the applicant. It is also submitted that there is various contradictions in the version of F.I.R. as well as statement recorded under section 161 and 164 Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 04.07.2021, has no previous criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, Motu Writ Petition (c) No. 1/2020 , Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and large mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Vikki Srivas, involved in Case Crime No. 424 of 2021, under section- 376, 377, 323, 504, 506 IPC, Police Station - Kotwali Nagar Banda, District- Banda, be released on bail, on his executing a personal bond and two sureties of Rupees One Lakh each (one should be of a family member) before 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.
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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.10.2021 ssm