Allahabad High Court
Lal Bahadur ( Third Bail ) vs State Of U.P. And Anr. on 1 August, 2017
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- BAIL No. - 9888 of 2016 Applicant :- Lal Bahadur ( Third Bail ) Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Kapil Gupta,Diya Gupta Counsel for Opposite Party :- Govt. Advocate,Anoop Srivastava Hon'ble Ramesh Sinha,J.
Heard Sri Kapil Gupta, learned counsel for the applicant and Sri G.D. Bhatt, learned A.G.A. for the State and Sri Anoop Srivastava, learned counsel for the complainant.
Learned counsel for the applicant submitted that this is third bail application and the first was dismissed as not pressed and it was not decided on merit. This is third bail application which is listed before this Court.
It has been argued by the learned counsel for the applicant that the applicant along with co-accused i.e., Raj Kumar and Ramu have been implicated in the present case on the basis of the complaint case. As per the statement of the victim recorded under Section 202 CrPC, the allegation of rape has not been levelled against the applicant. The allegation levelled against the applicant is that he made the victim unconscious. It has been pointed out that subsequently, the deceased was murdered by her father and brother for which they have lodged F.I.R. against the applicant but during the course of investigation it was found that the father and brother of the prosecutrix have murdered her and they have got themselves bailed out. The applicant is languishing in Jail since 10.2.2016.
Learned A.G.A. for the State has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Lal Bahadur involved in Misc. Case No.1686 of 2013 under Section 342, 366, 376 I.P.C. & 3/4 PCSO Act, Police Station Maurawa, District Unnao be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 1.8.2017 RajneeshDrPs)