Allahabad High Court
Nekpal Singh @ Rekhpal Singh vs State Of U.P. on 13 December, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27267 of 2018 Applicant :- Nekpal Singh @ Rekhpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed by the applicant. Taken on record.
2. Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant as well as Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Nekpal Singh @ Rekhpal Singh with a prayer to release him on bail in Case Crime No. - 95 of 2017, under Section - 452/376 I.P.C., Police Station - Visharatganj, District - Bareilly, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of rape, punishable with imprisonment upto life;
(ii) against FIR lodged on 10.07.2017, the applicant is in confinement since 11.07.2017;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted, however, trial is lingering on. At present, only P.W.-1 statement is recorded. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, for purpose of grant of bail, it has been submitted, in the admitted background on bad relationship between the parties, wherein sister of the present applicant had lodged an F.I.R. alleging commission of offence under Section 302 I.P.C. against the brother-in-law of the victim, the F.I.R. allegation is false, inasmuch as, that the victim is 30 years old and the rape is alleged to have been committed at her residence, yet there was no injury mark noticed in the medical report.
5. Though the bail application has been vehemently opposed by learned A.G.A. that the statement recorded under Section 161 Cr.P.C. supports the F.I.R. allegation, the applicant has remained confined for more than two and a half year and there is still no hope of early conclusion of trial.
6. In the entirety of the facts and circumstances of the case, specially in view of the facts noted above, the applicant is entitled to bail.
7. In any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
8. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
9. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
11. Accordingly, it is expected that the learned court below shall make best efforts to conclude the trial as expeditiously as possible keeping in mind the principle contained under Section 309 Cr.P.C., without allowing any undue or long adjournment.
12. It is made clear, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 13.12.2019 Saif