Allahabad High Court
Deewan Singh vs State Of U.P. on 14 December, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19831 of 2020 Applicant :- Deewan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 09 of 2020, under Sections 323, 342, 366, 376, 506 I.P.C., Police Station Fatehpur Seekari, District Agra.
Learned counsel for the applicant submits that as per the FIR on 3.1.2020 at about 8:30 AM, applicant enticed away the victim who is 19-20 years old. As per the ossification test, victim was about 18 years old. As per the statement recorded under Section 161 Cr.P.C. of the victim applicant kept the victim for 14 days in a room. While as per statement recorded under Section 164 Cr.P.C. applicant and co-accused took away the victim from her house on the pretext that her Bhabhi is calling her. It is further submitted that applicant has committed rape upon her 3-4 times in the night. Since 3.1.2020 to 17.1.2020 accused had confined the victim in a room and daily used to commit rape upon the victim and on protest he used to beat the victim. He also obtained signatures on the blank papers and took her photographs. It is also submitted that on the same day i.e. 17.1.2020 victim was medically examined but as per medical report annexed with the supplementary report no injury was found and alive/dead spermatozoa was found. It is further submitted that co-accused Ajit has been enlarged on bail vide order dated 23.7.2020 passed in Criminal Misc. Bail Application No. 19193 of 2020. The applicant has not committed the alleged offence. He has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 13.02.2020.
Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that role of the applicant is distinguishable from the co-accused Ajit who has been enlarged on bail. The allegation of rape has been levelled by the victim against the applicant only, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, as per statement of the victim applicant confining her used to commit rape, she was medically examined same day but no dead or alive spermatozoa was found, as well as her age, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Deewan Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 14.12.2020 Ravi Prakash