Allahabad High Court
Dharmendra Kumar vs State Of U.P. on 4 January, 2021
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- BAIL No. - 11103 of 2020 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Mishra,Arti Ganguly Counsel for Opposite Party :- G.A. Hon'ble Vivek Chaudhary,J.
Heard learned counsel for applicant and learned A.G.A. and perused records.
The present bail application has been filed by the applicant Dharmendra Kumar in case crime No.0338/2020 under Section 376/506 IPC PS Musafirkhana, distt. Amethi.
Learned counsel for applicant states that as per allegations in the FIR, the rape was caused on 6.9.2020 and the FIR was lodged on 8.9.2020. The statement under Section 164 CrPC was given on 10.9.2020 and in the same it is stated that the incident occurred around a month back. The cause of the said variation in the FIR and statement under Section 164 CrPC appears to have occurred as there was no proof of rape in the medical examination. Learned counsel for applicant submits that entire story is concocted and the applicant has been falsely implicated. Learned AGA could not dispute said aspect. He, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicant Dharmendra Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(1) 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.
(2) 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.
(3) The applicant will not tamper with the prosecution witnesses.
(4) The applicant will not indulge in any illegal activities during the period of bail.
(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 4.1.2021 Rajneesh JR-PS) (Vivek Chaudhary, J.)