Allahabad High Court
Dilshad @ Bhoora vs State Of U.P And Another on 7 May, 2022
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4404 of 2021 Applicant :- Dilshad @ Bhoora Opposite Party :- State Of U.P And Another Counsel for Applicant :- Mohd. Afzal,Akash Khare,Dinesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Mohammad Belal Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.244 of 2019, under Sections 452, 504, 506, 376 IPC and 3/4 of POCSO Act, P.S. Babugarh, District Hapur (Panchsheel Nagar).
Learned counsel for the applicant submits that this is a second bail application. First bail application was rejected in default on 03.12.2021. As per FIR version, on 16.06.2019 victim aged about 14 years and younger sister and brother were sleeping on the terrace, her mother had gone to attend a marriage, where applicant and co-accused Munir came, Munir grabbed her mouth and applicant on the point of country made pistol brought her downstair in a room and committed rape upon her. On returning she narrated the story to her mother, who went to the house of the applicant for making complaint then they abused and threatened of dire consequences. On information informant also came and panchayat was held and in the Panchayat it was settled that "Nikah" of the victim will be performed with the applicant and co-accused will be expelled from the village but accused avoided to perform ''Nikah'' otherwise he will taken action, complaint was filed in P.S. and police stated that first applicant marry the victim otherwise action will be taken and on 25.06.2019 family members of the accused refused to perform "Nikah". He further submits that in statement under Section 161 Cr.P.C. victim has reiterated the FIR version. He also submits that after investigation only applicant has been charge sheeted. He further submits that applicant is ready to marry the victim within two months from the date of his release. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 01.10.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that if applicant is ready to perform "Nikah" with the victim then his bail may be considered liberally.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, FIR version and applicant's readiness to perform "Nikah" with the victim within two months from released and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Dilshad @ Bhoora involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall marry the victim within two month from the date of his release on bail and in case of breach of the condition trial court will be at liberty to treat it as a violation of condition and cancel the bail.
(ii) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 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.
(iv) 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.
(v) 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.
Order Date :- 7.5.2022 MAA/-