Allahabad High Court
Netrapal @ Jangali vs State Of U.P. And Another on 21 September, 2020
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18927 of 2020 Applicant :- Netrapal @ Jangali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The instant bail application has been filed on behalf of the applicant - Netrapal @ Jangali with a prayer to release him on bail in Case Crime No. - 775 of 2018, under Sections - 363, 376(2)(n) I.P.C. and 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station - Civil Lines, District - Budaun, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 28.12.2018, the applicant is in confinement since 29.3.2019 i.e. almost for one year and six months;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) chargesheet has already been submitted, however, there is no hope of early conclusion of the trial.
(v) without drawing any inference as to fact and without suggesting any such inference, on prima facie basis, only for purpose of grant of bail, it is noted that the victim girl has not made any allegation of physical violence and in fact, she stated that she had voluntarily cohabited with the applicant. Thus, it has been submitted that besides the issue of age, which is also contested by the applicant, the ingredients of rape are missing;
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant - Netrapal @ Jangali involved in the aforesaid 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 with the following conditions which are being imposed in the interest of justice:-
(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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
5. In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:
"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
Order Date :- 21.9.2020 Prakhar