Allahabad High Court
Zaid Khan vs State Of U.P. And 3 Others on 14 December, 2022
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56892 of 2022 Applicant :- Zaid Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
The vakalatnama of Sri Rakesh Kumar Yadav, is filed on behalf of the complainant today in the Court, which is taken on record.
Heard Sri Azaz Ahmad, learned counsel for the applicant, Sri Vinod Kumar Rathi, Advocate holding brief of Sri Rakesh Kumar Yadav, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.585 of 2022, under Sections 376, 504, 506 IPC and 3/4 POCSO Act, Police Station-Jeanpur, District-Azamgarh is seeking enlargement on bail during the trial.The applicant is in jail since 30.09.2022.
As per the prosecution case, which starts rolling from lodging of the FIR by one Ms. Rehana on 20.09.2022 under Sections 376, 504, 506 IPC and Section 3/4 POCSO Act against the applicant and Wasim with the allegation that the present FIR was registered through 156(3) Cr.P.C application and the mother herself has permitted her own daughter to roam around along with the applicant and thereafter this relationship has got deepen whereby, the applicant has crossed the limits of decency and establish the physical relationship with the girl. Not only this, the applicant has taken certain obscene videograph and pictures and started blackmailing the girl. Co-accused has actively cooperated in the commission of the offence and some times, he also shares the girl in committing the offence against her. However the co-accused has been granted bail by learned court below. In 164 Cr.P.C. statement she states that this relationship has continued with the applicant about two years without any resistance or objection from her side. Learned counsel for the applicant submits that duration of the relationship clearly indicates that both of them are in consensual relationship with each other. So far as obscene videograph and photos are concerned, learned AGA has unable to spell out that any such obscene photographs was ever recovered from the possession of the applicant or from his mobile phone. Lastly it has been canvassd by the learned counsel for the applicant that the parties has come to truce and as soon as the applicant come out from the jail, he would marry with the victim.
Sri Vinod Kumar Rathi, learned counsel for the informant has unable to oppose the bail application but not i n position to refut any of the submission advanced by learned counsel for the applicant.
As per the medical her age is about 18-20 years, provenly a major girl on the date of incident. More over this relationship has continued for considerable period of two years in front of all the family members and thus the Court has no hesitation to hold that she is in consensual relationship with the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, Zaid Khan, be released on bail in the aforesaid case crime number on 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/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT/APPLICANTS IS/ARE 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 HIS/HER/THEIR IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT/APPLICANTS.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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 :- 14.12.2022 Abhishek Sri.