Allahabad High Court
Shagun @ Raj Karan vs State Of U.P. on 17 December, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- BAIL No. - 8207 of 2020 Applicant :- Shagun @ Raj Karan Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Prakash Pandey,Atul Kumar Singh Gaur Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri A.K.S. Gaur, learned counsel for the applicant and Sri Alok Saran, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the prosecutrix as per the academic record is a major girl aged about 18 years and as per the medical report is aged about 19 years. He submits that initially the F.I.R. was lodged under section 354 I.P.C. and under the POCSO Act but as she was found to be major, the offence under the POCSO Act has been dropped during the course of investigation. Thereafter, the victim, who herself lodged the present F.I.R. in her statement recorded under section 164 Cr.P.C. has levelled allegation of rape against the applicant, hence offence under section 376 I.P.C. has been added. He submits that though the allegation of rape has been levelled but the same does not corroborate by her medical examination report as no abnormality was detected in her hymen. The applicant has no other reported criminal antecedent. The applicant is in jail since 8.9.2020.
Learned A.G.A. opposed the prayer for bail.
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 Shagun @ Raj Karan involved in Case Crime No. 171 of 2020 under sections 323, 504, 376 I.P.C., police station Asandra, District Barabanki 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 and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.12.2020 shiraz