Allahabad High Court
Jitender Singh vs State Of U.P. And 3 Others on 12 December, 2022
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51147 of 2022 Applicant :- Jitender Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Birla,J.
Heard Sri Vishal Agarwal, learned counsel for the applicant, learned AGA for the State and perused the record.
As per office report, notices have been served personally on the opposite party/informant. No one has turned up on behalf of the informant.
The present bail application filed on behalf of the applicant-Jitender Singh seeking his bail in connection with Case Crime No. 143 of 2022, under Sections 376, 363 IPC and section 3/4 POCSO Act, Police Station Binawar, Badaun, District Badaun.
The submission of learned counsel for the applicant is the the first information report has been lodged on false allegations. It is submitted that the victim is aged about 17 years. By drawing attention to the statement recorded under Sections 161 and 164 CrPC it is submitted that she had voluntarily left with the applicant and no offence has been committed by the applicant and she lived with the applicant and entered into physical relationship and being a 17-year girl, she fully understands the implication of going away voluntarily and entering into physical relationship. It is next submitted that the medical report also does not support the prosecution version. It has lastly been contended that the applicant is innocent with no previous criminal history and is in jail since 26.9.2021 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jitender Singh, who is involved in aforementioned Case Crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) 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.
(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 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 FAIL 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 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.
(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 APPLICANT.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
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 and the trial court is at 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 :- 12.12.2022 Abhishek