Allahabad High Court
Sonu @ Matlub vs State Of U.P. on 29 November, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54241 of 2022 Applicant :- Sonu @ Matlub Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Y.P. Singh, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Sonu @ Matlub with a prayer to release him on bail in Case Crime No.237 of 2022, under Sections 376, 511, 34, 506 I.P.C. and Section 67-A Information Technology Act, Police Station-Simbhawali, District-Hapur, during pendency of trial.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. As per the F.I.R. which has been lodged by the victim herself, it has been detailed that two named accused persons including the applicant as well as one unknown person have committed rape upon the victim in a field while she was going with food for her husband. In her statements recorded under sections 161 and 164 Cr.P.C., the victim has given a changed version wherein she has stated that while the applicant Sonu apprehended and lay on her, co-accused Salman recorded a video. In the aforesaid statements, there is no allegation of rape being committed by the accused persons. It is further submitted that though the F.I.R. was lodged against two named accused persons and one unknown person, chargesheet has been submitted only against two named accused persons. The version of the victim does not corroborate with the medical examination as has been conducted. He further submits that the reason for false implication is that the victim was having consensual relationship with the applicant and when she was caught by her husband, therefore, the present F.I.R. has been lodged.
The applicant is languishing in jail since 22.06.2022. The applicant does not have any previous criminal history. The said fact is mentioned in para 24 of the application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. There is no chance of the applicant fleeing away from judicial process or tampering with the witnesses. Lastly, co-accused Salman has been granted bail by this Court vide order dated 31.10.2022 in Criminal Misc. Bail Application No. 38504 of 2022 hence, the applicant is also entitled for bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail by contending that innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 are 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 clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 29.11.2022 Madhurima