Allahabad High Court
Sunil Kumar Singh vs State Of U.P. Thru. Addl. Chief Secy. ... on 7 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10335 of 2022 Applicant :- Sunil Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. Counsel for Applicant :- Rahul Mishra,Chandra Mohan Yadav,Dr. V.K. Singh Counsel for Opposite Party :- G.A.,Shiv Prasad Chaurasia,Tulsi Ram Yadav Hon'ble Brij Raj Singh,J.
Heard Dr. V.K. Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant Sunil Kumar Singh, with a prayer to enlarge him on bail in Case Crime No.0439 of 2021, under Sections 147, 354, 406, 504, 506, 376 (added) I.P.C., Police Station Madianwa, District Lucknow.
This Court had granted interim bail for one month vide order dated 21.11.2022 and the order is quoted below:
"1. Heard learned counsel for the applicant, learned A.G.A. for the state and perused the record.
2. The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR/ Case Crime No.0439 of 2021, under Sections 147, 354, 406, 504, 506,376 (added) IPC and Police Station Madiyaon, District Lucknow.
3. As per allegation in the F.I.R. the husband of the prosecutrix died in the year 2019. The accused-applicant and co-accused Ritish, who were known to the prosecutrix and were her husband's friends, started visiting the house of the prosecutrix and won over her trust. The husband of the prosecutrix had taken loan and as a security thereof had pledged the flat where the prosecutrix is living with her children. She had one Innova Crysta Car, which the accused-applicant and the co-accused took on the pretext that they would pay the installments of the Bank and also give Rs.20,000.00 per month to her as rent of the car, as co-accused Ritish was running a Travelling Agency, but not even a single penny was paid in respect of the said car taken by the accused-applicant and co-accused. The accused-applicant and the co-accused got to know that the prosecutrix was having some amount in her bank account. On 10.10.2019 the accused-applicant, co-accused and some other unknown persons reached the house of the prosecutrix and started misbehaving with her and also molsted her and filmed the act. They threatened that if the prosecutrix did not give the money lying in the bank-account, they would not only kill her children, but also destroy her life by making the video viral. The prosecutrix under the fear of death of her children, gave Rs. 10 lacs to the accused-applicant. It is further said that on various occasions putting the prosecutrix and her minor children on fear of life the accused-applicant and the co-accused Ritish extracted more than Rs. 32 lacs from her. In her statement under section164 Cr.P.C. the prosecutrix also made the allegations of rape.
4. Learned counsel for the accused-applicant submitted that the accused-applicant had taken Rs.25 lacs from the prosecutrix, out of which he has given back Rs. 6 lacs and Rs. 19 lacs is still to be paid to the prosecutrix. It is further submitted that for this reason a false allegation of rape has has been made. He further says that the accused-applicant is ready to give back Rs.25 lacs to the prosecutrix, if he is released on an interim bail for a period of one month.
5. Sri G.D. Bhatt, learned A.G.A. submits that the accused-applicant may be enlarged on interim bail to test his bona fide that he would pay Rs.25 lacs within the said period of one month of interim bail.
6. Considering the aforesaid submissions and also taking into account that the accused-applicant is ready to pay Rs. 25 lacs, besides Rs. 6 lacs which he has allegedly already paid, the accused-applicant, Sunil Kumar Singh is enlarged on interim bail of one month on furnishing one personal bond and two sureties to the satisfaction of the concerned trial court, on the following conditions:
i.) The accused-applicant shall bring a bank-draft of Rs.25 lacks favouring the prosecutrix on the next date of listing of this bail-application.
ii.) The accused-applicant shall not in any manner threaten the prosecutrix or her children or commit any offence. He will not influence any other witnesses.
List this bail-application on 3.1.20222 peremptorily."
Thereafter, applicant could not manage the amount and he was again directed by this Court to surrender before the Court which was done by him on 28.03.2023.
Today, Dr. V.K. Singh, learned counsel for the applicant has brought draft of Rs.Thirteen lacs, Rs. Eight lacs and Rs.4 lacs, the details of which has been stated in supplementary affidavit filed on 27.03.2023.
Shri V.K. Singh, has handed over the original bank draft to Shri Tulsi Ram Yadav, learned counsel for the complainant today in Court and original draft is received by him. Photocopy of the same will be kept on record.
Learned AGA has opposed the prayer for bail. Learned counsel for the complainant stated that bail may be granted as the amount in question has been received.
Looking to the facts and circumstances of the case, and particularly the detailed order has already been passed by this Court earlier and also the fact that earlier, the applicant was released for one month and he has fulfilled the condition and Rs.25 lacs has been handed over, the applicant is entitled to be released on bail.
Let the applicant, Sunil Kumar Singh, 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.
In case, the amount of Rs.25 lac is not encashed, the bail of the applicant will be cancelled.
Order Date :- 7.4.2023 Pks