Allahabad High Court
Hansraj vs State Of U.P. Thru Secy Home Civil Sectt ... on 16 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11252 of 2022 Applicant :- Hansraj Opposite Party :- State Of U.P. Thru Secy Home Civil Sectt Lko Counsel for Applicant :- Sunil Dixit,Anjani Kumar Dvivedi Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant Hansraj, with a prayer to enlarge him on bail in Case Crime No.378 of 2022, under Sections 376, 354, 452, 504, 506 I.P.C., Police Station Lalganj, District RAebareli.
It is contended by learned counsel for the applicant that FIR has been lodged by the victim under the aforesaid sections 354 and 452 IPC and allegation of outraging the modesty has been levelled against the applicant. Learned counsel submitted that same version of FIR has been reiterated in the statement recorded under Section 161 Cr.P.C. However, in 164 Cr.P.C., the victim has changed her version and allegation of rape has been levelled against the applicant. He further submitted that the victim is 37 years of age and is a married lady. There is a property dispute between the parties due to which applicant has been falsely implicated. The medical report does not support the prosecution case, injuries shown are minor in nature. The applicant has no criminal history. The applicant is in jail since 22.07.2022.
Learned AGA opposed the prayer for bail and submitted that applicant was involved in committing the offence therefore, he is not entitled to be released on bail.
Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into the fact that the prosecutrix has changed her version in FIR and 164 Cr.P.C. it is a fit case for grant of bail.
Let the applicant Hansraj, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.
Order Date :- 16.3.2023 Pks