Allahabad High Court
Matiulla Khan vs State Of U.P. Thru. Prin. Secy. Home, Up ... on 24 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12557 of 2022 Applicant :- Matiulla Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Up Lko. Counsel for Applicant :- Anuj Dayal,Mohammad Salim Khan Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicant, Shri Rajesh Singh, learned AGA-I for the State and perused the record.
The present bail application has been filed by the applicant Matiulla Khan, with a prayer to enlarge him on bail in Case Crime No.400 of 2022, under Sections 354-B, 504, 376 I.P.C., Police Station Hargaon, District Sitapur.
Learned counsel for the applicant submitted that the prosecutrix herself had lodged the FIR under Section 354 IPC and she has levelled the allegation of outraging her modesty though allegation of rape was levelled under 164 Cr.P.C. she has changed her version. Learned counsel submitted that as per educational certificate, the age of the prosecutrix is about 19 years and is major. The medical report also does not support the prosecution case and she also refused for the x-ray examination. The applicant has no criminal history. The applicant is in jail since 17.07.2022.
Shri Rajesh Singh, learned AGA-I opposed the prayer for bail and submitted that it is a heinous crime and the applicant does not deserve any mercy and his bail is liable to be rejected.
Without expressing any opinion on the merits of the case, after hearing learned counsel for the parties and considering the changed version of the statement of the prosecutrix in 161 and 164 Cr.P..C., I find it to be a fit case for bail.
Let the applicant, Matiulla Khan, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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.
It is made clear that the observations made in this order are 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 in this order.
Order Date :- 24.3.2023 Pks