Allahabad High Court
Farjand vs State Of U.P.And 3 Others on 25 May, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:117464 Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18449 of 2023 Applicant :- Farjand Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Mukul Yadav,Jainendra Kumar Sharma,Manish Joshi Counsel for Opposite Party :- G.A Hon'ble Siddharth,J.
List has been revised.
As per office report dated 24.5.2023, notice on opposite party no.2 has been served personally, but no one has put in appearance on behalf of opposite party no.2 to oppose this bail application.
Heard Sri Mukul Yadav and Sri Jainendra Kumar Sharma, learned counsels for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Farjand, with a prayer to release him on bail in Case Crime No. 332 of 2022, under Sections 363, 376-D, 504, 506 IPC and 5g/6 POCSO Act, Police Station Anoopshahar, District- Bulandshahar, during pendency of trial.
This is second bail application. The first bail application was rejected by this Court on 13.2.2023 since learned counsel for the appellant had withdrawn first bail application of the applicant.
There is allegation against the applicant of abduction of minor girl and commission of offences of gang rape and threatening against her.
Learned counsel for the appellant has submitted that it is a case of false implication of the appellant. There is prior enmity between the parties, which has come in the case diary during investigation placed before this Court by learned AGA. From the medical report of the victim, no sign of gang rape was found on the body of the victim. The incident is alleged to have taken place in the night on 14.9.2022 and the medical examination of the victim took place on 16.9.2022. Co-accused is related as brother of the applicant. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 21.9.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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. is issued and the applicants 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 of the Indian Penal Code.
(v) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.5.2023 Ruchi Agrahari