Allahabad High Court
Sudhir Giri vs State Of U.P. on 14 May, 2020
Equivalent citations: AIRONLINE 2020 ALL 2323
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 6392 of 2019 Applicant :- Sudhir Giri Opposite Party :- State of U.P. Counsel for Applicant :- Soniya Mishra,Anjali Dubey,Rajiv Mishra Counsel for Opposite Party :- G.A.,Aman Kumar Shrivastav Hon'ble Karunesh Singh Pawar,J.
Matter is taken up in COVID-19 special circumstances through Video Conferencing. Urgency application has been allowed and report to that effect is on record.
Heard Mr. Rajiv Mishra, learned counsel for the applicant, Mr. Anurag Verma, learned Additional Government Advocate for the State and perused the record.
As per the prosecution story, the complainant lodged the First Information Report on 26.7.2018 regarding the incident which took place two years back, i.e. on 11.7.2016, with the allegation that the accused applicant has enticed her daughter Sapna Giri and committed rape. The complainant has searched her daughter but failed. He did not lodge the first information report earlier on account of social stigma.
It is further alleged that on 11.7.2018, his brother Ram Pravesh Giri informed on telephone that his daughter has been murdered by the applicant and she has also been cremated and when he reached on the spot, the applicant fled away from there.
Learned counsel for the applicant submits that it is a case of no evidence. The First Information Report is highly belated and has been lodged after two years without there being any plausible explanation. The applicant has been languishing in jail since 15.9.2018. The applicant has been falsely implicated. The applicant has no criminal history. The only evidence against the applicant is the statement of Ram Pravesh Giri, who even is not a eye-witness. Apart from this, no other evidence has been collected by the prosecution against the applicant.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, material collected by the investigating officer during the course of investigation, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant Sudhir Giri involved in Case Crime No. 374/2018 under Sections 302, 201, 506 I.P.C., P.S. Gola, district Kheri 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
(vii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(viii) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(ix) 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.
Order Date :- 14.5.2020 kkb/