Allahabad High Court
Harprasad Alias Nanhu vs State Of U.P. on 2 September, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15984 of 2020 Applicant :- Harprasad Alias Nanhu Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard Sri Ajay Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.608 of 2019, under Sections 376, 354, 504, 506 I.P.C., P.S. Gajraula, District Amroha.
Learned counsel for the applicant submits that according to F.I.R. before two months from the information dated 28.11.2019 when informant was going to field to serve the food to her husband then the applicant met on the way and with bad intention caught hold the hand of the victim and used abusive language and on alarm the applicant fled away. He further submits that F.I.R. was lodged under Sections 354, 504 and 506 I.P.C. As per statement of the victim, it is borne out after two months of lodging of the F.I.R.. Statement under Section 161 of Cr.P.C. was recorded in which she has levelled allegation of rape. Statement under Section 164 of Cr.P.C. was also recorded on 21.1.2020 in which general allegation of rape has been levelled. The applicant is 'Nandoi' of the informant. The informant had taken a field on contact basis, which was taken by the applicant that is why he has been falsely implicated in this case. It is next submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.It is further contended that the applicant is languishing in jail since 23.01.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that in statement under Section 164 of Cr.P.C. the victim has levelled allegation of rape by the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Harprasad Alias Nanhu 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 will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 2.9.2020 OP