Allahabad High Court
Faisal vs State Of U.P. on 16 November, 2019
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49606 of 2019 Applicant :- Faisal Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri,Shri Nazrul Islam Jafri (Sr Advocate) Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed by learned counsel for the applicant today in the Court is taken on record.
Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri S.I. Jafri, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.194 of 2019, under Sections 363, 376, 328, 506 IPC and Section 3/4 POCSO Act, Police Station-Kandhla, District-Shamli is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the FIR was got registered by none other than the victim herself after considerable delay with the allegation that the applicant used to tease her and ravished her on a gun point and thereafter, made her unconscious. Not only this, he has taken number of obscene videos and pictures of the girl. It is borne out from the FIR that this relationship lasted for quite considerable period and when she got engaged to another boy namely Rahul Hasan, then the applicant, on account of envy, sent all the videos and photographs to her fianc. Learned counsel for the applicant next submitted that the date of birth of the victim is 05.07.1999 and she is pursuing her graduation. She is a major girl. She was in consensual relationship with the applicant. This relationship lasted for almost one year. The medical report totally belies the allegation of forceful sexual assault upon her as there is no mark of fresh injury over the external or internal part of her person and on top of it, it is alleged in paragraph no.12 that applicant has got married with the victim on 28.09.2018 though there is no Nikaahnama on record at present. Learned counsel for the applicant has filed supplementary affidavit annexing therein certain photographs of the applicant with the girl which are quite intimate in nature and amply shows the gravity of their relationship. She is major girl and maintained the relationship for sufficient period. There is no recovery of any obscene video or picture during investigation nor the I.O. of the case has recorded the statement of one Rahul Hasan which could be the best person to throw light to this entire scenario. It is also submitted that the applicant is languishing in jail since 15.06.2019.
Learned A.G.A opposed the prayer for bail.
The submission made by learned counsel for the applicant, prima facie, is quite appealing and convincing for the purpose of bail only.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Faisal, involved in case crime no.194 of 2019, under Sections 363, 376, 328, 506 IPC and Section 3/4 POCSO Act, Police Station-Kandhla, District-Shamli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) THE APPLICANT WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPLICANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.
(ii) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE 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.
(iii) 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 IPC.
(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., 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.
(v) 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 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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court.
Order Date :- 16.11.2019 Sumit S