Allahabad High Court
Bilal vs State Of U.P. on 1 December, 2020
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42036 of 2020 Applicant :- Bilal Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Avinash Pandey, learned counsel for the applicant and learned A.G.A. for the State.
By means of this application, the applicant- Bilal, who is involved in Case Crime No. 80 of 2020, under Sections 363, 366 IPC, Police Station- Kairana, District- Shamli is seeking enlargement on bail during the trial.
It is contended by learned counsel for the applicant that as per prosecution story, applicant along with other co-accused had taken the girl. The girl in her statement under Section 164 Cr.P.C., which was recorded on 13.05.2020, had categorically stated that she had gone with her own free will along with applicant, who is his neighbourer and she wants to marry with him. After travelling to Jwalapur and Allahabad, she returned back. Applicant is languishing in jail since 05.04.2020 and undertakes that he will not indulge in any criminal activity, if granted bail.
Learned A.G.A. while opposing the bail application submitted that bail rejection order points out that after recording statement under Section 164 Cr.P.C., the girl had filed an affidavit before the court below stating that applicant had raped on her.
Replying to this fact, learned counsel for the applicant submitted that charge-sheet has been filed under Section 363, 366 I.P.C. and offence under Section 376 I.P.C. has not been imposed.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, 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- Bilal be released on bail in Case Crime No. 80 of 2020, under Sections 363, 366 IPC, Police Station- Kairana, District- Shamli 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 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 party 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 this computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(viii) In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 1.12.2020/ V.S.Singh