Allahabad High Court
Amit vs State Of U.P. on 21 January, 2021
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2949 of 2021 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Harindra Pratap Counsel for Opposite Party :- G.A.,Sanjay Kumar Singh Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Amit with a prayer to enlarge him on bail in Case Crime No.377 of 2020, under Sections 363, 366, 342,34 IPC, Police Station Garmukteshwar, District Hapur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is next argued that as per the FIR version, 31.08.2020 at about 4:30 a.m., the daughter of the informant namely Rakhi aged about 17 years went to graze buffalo in the campus thereafter she did not return home. After considerable search, she could not be searched. One Vipin, relative of informant met to informant during search and told him that Navajish was driving Eko vehicle bearing no. U.P. 37 AT 2216, in which Govind and Amit alongwith two unknown persons were sitting and they were holding one girl who was shouting.
Learned counsel for the applicant further submitted that victim Rakhi was having affairs with Govind which is clear from the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., however when Criminal Misc. Writ Petition No. 9903 of 2020 (Rakhi and 11 others vs. State of U.P.) for quashing of the FIR was dismissed on 07.10.2020, she has changed her version of statement recorded under Section 164 Cr.P.C. on 13.10.2020 due to pressure of her family members. It appears that the victim is consenting party and after dismissal of the aforesaid writ petition, she has changed her version due to pressure of her parents. It has also been submitted that entire family of Govind who is brother of applicant has been implicated in the present case to exert pressure upon him. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he is languishing in jail since 02.11.2020. Accordingly, he requests for bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the 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 again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, 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 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.
Order Date :- 21.1.2021 Monika