High Court
Case Details
Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1691 of 2023 Applicant :- Amit Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Kripa Shanker Yadav,Manish Dev Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
Legal Reasoning
(C) While passing an order on an application for grant of bail, there is no need to record elaborate details to give an impression that the case is one that would result in a conviction or, by contrast, in an acquittal. However, a Court cannot completely divorce its decision from material aspects of the case such as allegations made against accused; nature and gravity of accusation; having common object or intention; severity of punishment if allegations are proved beyond reasonable doubt and would result in a conviction; reasonable apprehension of witnesses being influenced by accused; tampering of evidence; character, behaviour, means, position and standing of accused; likelihood of offence being repeated; the frivolity in the case of prosecution; criminal antecedents of accused and a prima facie satisfaction of Court in support of charge against accused. The Court may also take note of participation or part of an unlawful assembly as well as that circumstantial evidence not being a ground to grant bail, if the evidence/ material collected establishes prima facie a complete chain of events. Parity may not be an only ground but remains a relevant factor for consideration of application for bail. (D) Over crowding of jail and gross delay in disposal of cases when undertrials are forced to remain in jail (not due to their fault) may give rise to possible situations that may justify invocation of Article 21 of Constitution, may also be considered along with other factors.
Arguments
Heard Sri Manish Dev, learned counsel for applicant and Sri Paritosh Malviya, learned A.G.A.-I appearing on behalf of State. Applicant- Amit Saxena, has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 01.11.2022 passed by Additional Sessions Judge, Court No.-2, Moradabad, in Case Crime No.418 of 2022 under Sections 376, 313, 328, 506 I.P.C., Police Station- Majhola, District - Moradabad. In the present case, victim is the informant who lodged an F.I.R. against named accused (applicant) on 01.06.2022 making allegation that on 10.04.2018 applicant has made acquaintance with her during 'Jagaran' and he took her to his house and raped after administering her some sedative material and thereafter under false promise of marriage, he repeatedly made physical relationship with victim due to which she became pregnant, however, pregnancy was terminated against her will. Learned counsel for applicant submits that since physical relationship is of a very long period i.e. four years and in between, not a single complaint was made by victim as such it appears to be a consensual relationship. There is no evidence that any video of the act of physical relationship was recorded by applicant and that there is no evidence in regard to allegation of termination of pregnancy. Learned counsel for applicant submits that applicant is behind the bar since 25.08.2022 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned A.G.A. for State submits that statement of victim recorded under Sections 161 and 164 Cr.P.C. is consistent that applicant has raped her and thereafter under false promise of marriage, repeatedly made physical relationship with her. It is not in dispute that there is no evidence collected during investigation about allegation of unsolicited video of victim and allegation of termination of pregnancy against her will. Learned A.G.A. further submits that applicant has prior criminal history and is involved in a case of demand of dowry. LAW ON BAIL - A SUMMARY (A) The basic rule may perhaps be tersely put as bail, not jail. (B) Power to grant bail under Section 439 Cr.P.C., is of wide amplitude but not an unfettered discretion, which calls for exercise in a judicious manner and not as a matter of course or in whimsical manner.