Allahabad High Court
Mohit vs State Of U.P. And Anr. on 19 August, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- BAIL No. - 942 of 2021 Applicant :- Mohit Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Arun Kumar Gupta,Ajeet Kumar Singh,Ravindra Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Ajeet Kumar Singh, learned counsel for applicant as well as learned A.G.A. for the State.
2. This bail application has been filed by the applicant who is an accused in Crime No. 468/20, U/S -354, 323, 506, 306 I.P.C. and 7/8 the Protection of Children from Sexual Offences Act, 1912, Kotwali Dehat, District - Hardoi.
3. It has been submitted by learned counsel for applicant that the first information report was lodged by the complainant who is the father of the deceased stating that on 17.10.2020 at 07.00 O'clock in the evening when his minor daughter was going to ease herself she was accosted by the applicant who caught hold the deceased with the intention to sexually assault and dragged her into a filed. At resistance being shown by the applicant, she was assaulted and on hearing her cries, the uncle of the applicant reached on the spot but could not apprehend the applicant. Subsequently, on the night of the said date, the deceased committed suicide and accordingly, the said first information report was lodged against the applicant.
4. It has been submitted by learned counsel for applicant that the entire allegations in the said first information report are false and cannot be believed. In support of his contention he has submitted that the deceased was admitted into Pt. Ram Dayal Trivedi District Hospital, Hardoi on 13.10.2020 at 01.50 a.m. and the admission slip has been enclosed along with the bail application and further she was referred to KGMU, Lucknow on 15.10.2020 and from the the post mortem report annexed by the applicant as well as counter filed by the States, it is clear that she was admitted in K.G.M.U., Lucknow on 15.10.2020 and died on 02.11.2020 and the post mortem was conducted on the next day.
5. As there is stak difference between allegations which has been stated in the first information report and those which have come up during investigation. From the perusal of the medical report, it is clear that the incident took place sometime on 13.10.2020 or prior to it but as per the prosecution, the said occurrence had happened on 17.10.2020, in case it is fortified by the fact that while she was admitted in Pt. Ram Dayal Trivedi District Hospital, Hardoi on 13.102020, it has been clearly stated that she has sustained received injury due to partial hanging.
6. It is submitted by learned counsel for applicant that applicant is languishing in jail since 05.12.2021. The counsel contends that there is no possibility of the applicant fleeing away from justice or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
7. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant. Even the contention regarding the date of incident has not been disputed in the counter affidavit filed by the State and the post mortem report annexed along with the counter affidavit on the other had supports the case of the applicant.
5. Considering the submissions made by learned counsel for applicant, it is clear that the date of incident is 13.10.2020 or any date prior to it but not 17.10.2020 as stated in the first information report. This makes the entire contention of the prosecution unreliable at this stage and the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant/Mohit be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. The application stands disposed of.
9. This order shall not influence the trial court for proceeding the trial.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him 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.
11. 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.
(Alok Mathur, J.) Order Date :- 19.8.2021 Ravi/