Allahabad High Court
Sonu And Another vs State Of U.P. And 3 Others on 19 December, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:240425 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54449 of 2023 Applicant :- Sonu And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hanuman Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
There are allegation against the applicants of committing offences of gang rape, criminal intimidation and causing hurt to a minor victim.
Learned counsel for the applicant submits that victim has although made allegation of gang rape against the applicants and other co-accused but in her statement recorded under Section 164 Cr.P.C she has admitted prior enmity regarding land with all the accused persons. Learned counsel for the applicant further submits that on account of prior enmity regarding land, the applicants have been falsely implicated in the case. In the medical report of the victim there are no sign of commission of gang rape against her. Applicants have been falsely implicated only because of aforesaid enmity. They are in jail since 06.06.2023. Co-accused, Ram Sunder alias Nirahu and Ashish @ Golu, have been enlarged on bail in Crl. Misc. Bail Application Nos. 45325 of 2023 and 45337 of 2023 respectively.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicants; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants, Sonu and Pravesh, involved in Case Crime No.218 of 2023, under Sections 323, 506, 376 DA I.P.C and 5/6 POCSO Act, Police Station Koraon, District- Prayagraj be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicants shall not tamper with the evidence or threaten the witnesses.
(ii) The applicants shall file an undertaking to the effect that they 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.
(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) The applicants 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 applicants 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 them in accordance with law.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity, and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted Order Date :- 19.12.2023 SS