High Court
Case Details
Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32191 of 2021 Applicant :- Raja Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Kumar Sharma,Ajendra Kumar,Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Wahid Jamal Hon'ble Vivek Kumar Singh,J.
Legal Reasoning
evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. Let the applicant Raja involved in Case Crime No. 308 of 2020, under Sections 364, 34, 376D, 506 I.P.C., Police Station Bagwala, District-Etah be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions. (i) The applicant shall file an undertaking to the effect that he 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. (ii) 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. (iii) 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. (iv) 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. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 24.2.2022 Dev/- Digitally signed by DEV PRAKASH Date: 2022.03.03 14:47:50 IST Reason: Location: High Court of Judicature at Allahabad
Arguments
Heard learned counsel for the applicant Sri Wahid Jamal, learned counsel for the complainant and Sri Abhinav Prasad, learned (Brief Holder) appearing for the State. First Information Report of the incident was lodged by the first informant alleging that the co-accused Dinesh alongwith the applicant raped his daughter on 23.12.2020 who was said to be aged about more than 18 years and it was also alleged in the FIR that she was going to her college then she was forcibly taken away by the present accused and co-accused Dinesh to the place where she was raped by the applicant. It was further alleged in the FIR that both the co-accused and the present applicant arrested from the spot, they were beaten and then FIR was lodged against them. Submission is that the applicant is innocent and he has been falsely implicated in the present case. Drawing the attention of this Court towards the statement of the victim recorded under Section 164 Cr.P.C. (annexure-4 to the bail application) learned counsel for the applicant submitted that though the allegation of rape has been levelled against the applicant but the victim was in friendship with the applicant and she has gone with him. It is also submitted that this incident took place in the broad day light but she has not raised any alarm anywhere about her forceful abduction. Learned counsel further submitted that when the alleged victim was talking with her boyfriend-Raja i.e. the applicant then some persons of her village seen her and then they were caught and brought to the police station. It is further submitted that the victim was in love relationship with the applicant and she has written several letters to the applicant which are annexed from page 43 onwards. It is also submitted that the medical report of the alleged victim has supported the allegation of rape on the same date of incident and her hymn was torn. It is further submitted that the co-accused namely Dinesh has already been granted bail by another Bench of this Court vide order dated 3.9.2021 passed in Criminal Misc. Bail Application No.24545 of 2021 a copy of said order has been produced by learned counsel for the applicant which is taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 23.12.2020. It has been pointed out that the applicant has no criminal history. Learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail. Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting