Allahabad High Court
Delinquent Juvenile vs State Of U.P. And 3 Others on 20 June, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:104386 Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13008 of 2024 Applicant :- Delinquent Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
Learned A.G.A informs that notice has been served on informant but there is no signature of the person who has received the notice in the instructions received by him.
This court finds that notice of this bail application was given in the office of Government Advocate on 21.03.2024. The applicant is juvenile and is in jail since 19.10.2023. Therefore, the court cannot delay the hearing of this bail application any further.
There is allegation against the applicant of committing the offence of rape after entering into the house of minor victim aged about 16 years.
Counsel for the applicant submits that the applicant is also aged about 16 years. From the medical report of the victim, no sign of commission of offence of rape has been found.
Counsel for the applicant also submits that it is a case of false implication. The parties are resident of same locality and are neighbour. There is neighbourly dispute between them. There is contradiction in the statement of victim recorded under Section 161 Cr.P.C and 164 Cr.P.C. The radiological age of victim is 16 years. Therefore, given margin of two years on the higher side, she can be considered to be major. The applicant is in jail since 19.10.2023 and has no criminal history to his credit.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Delinquent Juvenile, involved in Sessions Trial No. 161 of 2024 arising out of Case Crime No. 765 of 2023, under Sections- 452, 506, 376(3), 342 IPC and Section 4(2) of POCSO Act, Police Station- Tilhar, District- Shahjahanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.6.2024 Rohit