Allahabad High Court
Balram @ Balram Chaurasiya vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 21 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11308 of 2022 Applicant :- Balram @ Balram Chaurasiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Syed Ahmad Mehdi,Akshay Singh,Archana Rawat,Jyoti Rawat,Ram Samujh Rawat Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
In compliance of the order dated 29.09.2022, notice has been served upon opposite party no.2 but none has put in appearance on his behalf.
Heard Ms. Archana Rawat and Ms. Jyoti Rawat, learned counsels for the applicant as well as Mr. Aniruddha Kumar Singh, learned A.G.A. appearing for the State and perused the record.
Instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 295 of 2019, under Sections 323, 504, 506, 354-Gha IPC and 7/8 POCSO Act and 3(2)(Va) SC/ST Act, Police Station - Inyatnagar, District - Faizabad now Ayodhya.
Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and he has falsely been implicated in the instant matter. She next added that there are material contradictions in the statement of the victim under Section 161 Cr.P.C. and allegation in the first information report. She further added that there is no corroborative evidence against the applicant so as to connect his involvement in the instant matter. She next added that the applicant has no previous criminal antecedent which he has explained in para 15 of the bail application and is languishing in jail since 19.07.2022. She further added that that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
On the other hand, learned AGA appearing for the State has opposed the contention aforesaid and submits that there are serious allegations against the applicant in the FIR, and as such, he is not entitled for bail.
Considering the submissions of learned counsel for the parties and after perusal of record, it is evident that there are material contradictions in the statement of the victim under Section 164 Cr.P.C. and allegation in the first information report; applicant has no previous criminal antecedent and is languishing in jail since 19.07.2022. Considering the aforesaid facts, I find it to be a fit case for bail.
Let the applicant- Balram @ Balram Chaurasiya involved in the aforementioned 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:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He 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;
(3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 21.12.2022 KR (Shree Prakash Singh,J.)