High Court · 2025

1. Heard Sri Hirdesh Kumar Yadav, learned counsel for applicant, Sri B.P. Singh, learned AGA and perused the record.

2. This Court has passed following order in bail application of co-accused Rustam Ali on 04.02.2025 which is quoted below :- "1. Heard Sri Hirdesh Kumar Yadav, learned counsel for applicant and Sri Bhupendra Pal Singh, learned A.G.A. for State.

2. Applicant has again approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. in Case Crime No. 216 of 2021, under Sections 376-D I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station- Lar, District- Deoria.

3. This is second bail application. First bail application of applicant was rejected on 13.01.2023.

4. In pursuance of an order of this Court, trial Court has submitted a status report dated 18.11.2024 that out of proposed 10 witnesses, 2 have been examined including the victim.

5. Learned counsel for applicant submits that applicant is in jail since 24.05.2022 i.e. more than 2 years and 8 months. The trial is proceeding at a snail's speed and since the statement of victim has already been recorded, therefore, there is no likelihood that applicant may influence any remaining witness.

6. Learned counsel refers a certain part of statement of victim that, so far as alleged role of the applicant is concerned, there was no allegation of rape.

7. Learned A.G.A. appearing for the State submits that at this stage the Court may consider that victim has stated about the role of applicant also so far as allegation of rape is concerned in her examination in chief and may not look into her cross examination.

8. I have considered the above submission and perused the record. As referred above, the trial is proceeding in a snail's speed and since statement of victim has already been recorded, therefore, there is no likelihood that the application may influence any witness so far as submission in regard to the nature of the statement of victim is concerned. The Court is not considering it since any observation of this Court may prejudice the case of either party. In the aforesaid circumstances as well as considering above reasons and present status of trial, the applicant has made out a case for bail.

9. Let the applicant-Rustam Ali, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.

12. Accordingly, bail application is allowed.

13. Trial Court will take all endeavour to expedite the trial."

3. Learned counsel for applicant submits that case of applicant is similar to co-accused, who has been granted bail by this Court, therefore, applicant may be released on bail on same grounds.

4. Learned AGA as well as learned counsel for complainant have opposed the bail, however, have not disputed above referred submission.

5. Considering aforesaid submissions as well as taking note of above referred order, I do not find any reason to take any other view, accordingly applicant has made out a case for bail.

6. Let the applicant- Ashif Ali be released on bail in Case Crime No. 0216 of 2021, under Sections 363, 366, 376D, 342, 506 I.P.C. and Section 3/4 POCSO (Protection of Children From Sexual Offences) Act, 2012, Police Station Lar, District Deoria on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately.

7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

8. The bail application is allowed.

9. The applicant shall report at the concerned Police Station on every Saturday and to influence any witness shall be a ground to cancel the bail.

10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.

11. Trial Court will take all endeavour to expedite the trial. Order Date :- 16.4.2025 A.N. Mishra AMARNATH MISHRA High Court of Judicature at Allahabad

1. Heard Sri Hirdesh Kumar Yadav, learned counsel for applicant, Sri B.P. Singh, learned AGA and perused the record.

2. This Court has passed following order in bail application of co-accused Rustam Ali on 04.02.2025 which is quoted below :- "1. Heard Sri Hirdesh Kumar Yadav, learned counsel for applicant and Sri Bhupendra Pal Singh, learned A.G.A. for State.

2. Applicant has again approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. in Case Crime No. 216 of 2021, under Sections 376-D I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station- Lar, District- Deoria.

3. This is second bail application. First bail application of applicant was rejected on 13.01.2023.

4. In pursuance of an order of this Court, trial Court has submitted a status report dated 18.11.2024 that out of proposed 10 witnesses, 2 have been examined including the victim.

5. Learned counsel for applicant submits that applicant is in jail since 24.05.2022 i.e. more than 2 years and 8 months. The trial is proceeding at a snail's speed and since the statement of victim has already been recorded, therefore, there is no likelihood that applicant may influence any remaining witness.

6. Learned counsel refers a certain part of statement of victim that, so far as alleged role of the applicant is concerned, there was no allegation of rape.

7. Learned A.G.A. appearing for the State submits that at this stage the Court may consider that victim has stated about the role of applicant also so far as allegation of rape is concerned in her examination in chief and may not look into her cross examination.

8. I have considered the above submission and perused the record. As referred above, the trial is proceeding in a snail's speed and since statement of victim has already been recorded, therefore, there is no likelihood that the application may influence any witness so far as submission in regard to the nature of the statement of victim is concerned. The Court is not considering it since any observation of this Court may prejudice the case of either party. In the aforesaid circumstances as well as considering above reasons and present status of trial, the applicant has made out a case for bail.

9. Let the applicant-Rustam Ali, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.

12. Accordingly, bail application is allowed.

13. Trial Court will take all endeavour to expedite the trial."

3. Learned counsel for applicant submits that case of applicant is similar to co-accused, who has been granted bail by this Court, therefore, applicant may be released on bail on same grounds.

4. Learned AGA as well as learned counsel for complainant have opposed the bail, however, have not disputed above referred submission.

5. Considering aforesaid submissions as well as taking note of above referred order, I do not find any reason to take any other view, accordingly applicant has made out a case for bail.

6. Let the applicant- Ashif Ali be released on bail in Case Crime No. 0216 of 2021, under Sections 363, 366, 376D, 342, 506 I.P.C. and Section 3/4 POCSO (Protection of Children From Sexual Offences) Act, 2012, Police Station Lar, District Deoria on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately.

7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

8. The bail application is allowed.

9. The applicant shall report at the concerned Police Station on every Saturday and to influence any witness shall be a ground to cancel the bail.

10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.

11. Trial Court will take all endeavour to expedite the trial. Order Date :- 16.4.2025 A.N. Mishra AMARNATH MISHRA High Court of Judicature at Allahabad