High Court

Applicant :- Sagar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ambleshwar Pandey,Anuj Srivastava,Devaang Savla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Heard Sri Anuj Srivastava, learned counsel for the applicant and Sri Amrendra Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Case Crime No.54 of 2024, under Sections 70(2), 137(2), 351 B.N.S. and 3/4 POCSO Act, Police Station Fugana, District Muzaffarnagar, during the pendency of trial. PROSECUTION STORY:

4. The applicant and co-accused person Akash are stated to have abducted the daughter of the informant on 28.08.2024 at about 2:30 p.m. and she returned in the evening and was not speaking to anyone.

5. The victim is stated to have informed the informant about the incident of gang-rape against the applicant and co-accused person Akash on 01.09.2024, but the informant did not institute the FIR out of fear of the applicant and co-accused person Akash as they threatened the victim and her brother to put them to death. ARGUMENTS ON BEHALF OF APPLICANT:

6. The applicant is absolutely innocent and has been falsely implicated in the present case.

7. The FIR is delayed by about nine days and there is no explanation of the said delay caused.

8. The victim has changed the story in her statement recorded under Section 183 B.N.S.S., whereby she has stated that she was having physical relationship with the applicant for about four years and on the date of incident, the applicant was accompanied by co-accused person Akash.

9. The said allegations have been made after legal consultation.

10. There is no medical corroboration of the incident.

11. The victim by her looks seems to be major, although her age has come out to be between 17-18 years as per ossification test report.

12. The matter has been settled between the parties.

13. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

14. There is no criminal history of the applicant. The applicant is languishing in jail since 11.09.2024 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT:

15. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed. CONCLUSION:

16. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

17. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

18. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

19. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception".

20. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

21. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A.

22. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

23. Let the applicant- Sagar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant 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/351 B.N.S.S. 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.

24. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

25. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 18.2.2025 (Ravi Kant) (Justice Krishan Pahal)

Applicant :- Sagar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ambleshwar Pandey,Anuj Srivastava,Devaang Savla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Heard Sri Anuj Srivastava, learned counsel for the applicant and Sri Amrendra Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Case Crime No.54 of 2024, under Sections 70(2), 137(2), 351 B.N.S. and 3/4 POCSO Act, Police Station Fugana, District Muzaffarnagar, during the pendency of trial. PROSECUTION STORY:

4. The applicant and co-accused person Akash are stated to have abducted the daughter of the informant on 28.08.2024 at about 2:30 p.m. and she returned in the evening and was not speaking to anyone.

5. The victim is stated to have informed the informant about the incident of gang-rape against the applicant and co-accused person Akash on 01.09.2024, but the informant did not institute the FIR out of fear of the applicant and co-accused person Akash as they threatened the victim and her brother to put them to death. ARGUMENTS ON BEHALF OF APPLICANT:

6. The applicant is absolutely innocent and has been falsely implicated in the present case.

7. The FIR is delayed by about nine days and there is no explanation of the said delay caused.

8. The victim has changed the story in her statement recorded under Section 183 B.N.S.S., whereby she has stated that she was having physical relationship with the applicant for about four years and on the date of incident, the applicant was accompanied by co-accused person Akash.

9. The said allegations have been made after legal consultation.

10. There is no medical corroboration of the incident.

11. The victim by her looks seems to be major, although her age has come out to be between 17-18 years as per ossification test report.

12. The matter has been settled between the parties.

13. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

14. There is no criminal history of the applicant. The applicant is languishing in jail since 11.09.2024 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT:

15. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed. CONCLUSION:

16. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

17. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

18. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

19. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception".

20. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

21. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A.

22. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

23. Let the applicant- Sagar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant 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/351 B.N.S.S. 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.

24. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

25. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 18.2.2025 (Ravi Kant) (Justice Krishan Pahal)