Allahabad High Court
Manoj @ Bhoora vs State Of U.P. And Another on 11 September, 2019
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26789 of 2019 Applicant :- Manoj @ Bhoora Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
Pleadings have been exchanged.
By means of this application, the applicant who is involved in case crime no. 57 of 2019, under Sections 452, 354, 323, 504, 506, 376 IPC and Section 3/4 POSCO Act, P.S. Barla, District Aligarh, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that initially FIR was got registered under Sections 452, 354, 323, 504, 506. Entire case of the prosecution is that on 17.05.2019 at about 9.00 p.m., when the daughter of the first informant was alone at the house, the applicant barged into her house and have got misbehaved with the prosecutrix and after raising alarm, some villagers were assembled and chased the applicant. He fled away from her house. He has further submitted that after recording statement under Section 161 Cr.P.C in which in which she has stated that her age is about 17 years and she has supported the prosecution version.
In her statement under Section 164 Cr.P.C., which was recorded after ten days of the incident, she has stated that the applicant has committed rape upon her and on the basis of her statements, the investigating officer has submitted charge-sheet against the applicant under Sections 452, 354, 323, 504, 506, 376 IPC and Section 3/4 POSCO Act.
It is surprising that the prosecution within 10 days has virtually changed the entire texture and colour of the case. The case which was registered under Section 354 IPC was gradually developed and swelled up to under section 376 IPC, in her 164 Cr.P.C. statement, casts serious doubts about veracity of prosecution story.
He has further submitted that the allegation of rape has not supported by the medical evidence. He lastly submitted that the applicant is in jail since 20.05.2019, is entitled enterto be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Manoj @ Bhoora, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 57 of 2019, under Sections 452, 354, 323, 504, 506, 376 IPC and Section 3/4 POSCO Act, P.S. Barla, District Aligarh, with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANTS 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 11.9.2019 v.k.updh.