High Court
Case Details
Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49352 of 2021 Applicant :- Rahman Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Mohan Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Legal Reasoning
Heard Sri Narendra Mohan, learned counsel for the applicant as well as learned A.G.A for the State and perused the record. By means of this application, the applicant who is involved in case crime no.110 of 2021, under Sections 147, 148, 153A, 323, 354kha, 504, 452, 506, 376D, 394, 120B IPC and Section 7 Criminal Law Amendment Act, and Section 3/5(1) Unlawful Conversion of Religion Act, 2020, Police Station- Colonelganj, District-Kanpur Nagar is seeking enlargement on bail during the trial. The applicant is languishing in jail since 20.06.2021. Contention raised by the counsel that rivals parties are resident of same Mohalla. There was scuffle between the parties in which the applicant rushed to the police station to lodged the FIR and was lodged case crime no. 110 of 2020-21 at same police station Colonelgnaj, Kanpur Nagar and was taken away by the constable to get him medical examination on the date of incident i.e. 19.06.2021. Soon after applicant departure to get himself medically examined, his rival arrived at police station and succeeded in lodging the FIR against the accused persons by one Lali with the allegation that there was heated altercation between the informant and Rehman, the present applicant who tried to assault upon her daughter "Ms. X" (aged about 17 years) and tried to disrobe her. In this transaction, the informant's son Sonu sustained serious injuries. She in the FIR further alleges that the applicant often misbehaved with her younger daughter and extended threat to change her religion. In 164 Cr.P.C. statement recorded by prosecutrix, developed the story. Submission made by the counsel that it is a million dollar question as to how and what circumstances that one case crime no. 110 of 2021, two different stories were narrated, but the police has obliged Lali (subsequent informant) while lodging her FIR the applicant was sent to medical examination and same case crime no. was allotted to rival party Lali to lodged the present FIR. Till date local police did not oblige the applicant to register his case against the opposite party. More over there is marked change in the texture of prosecution case as mentioned in the FIR and the 164 Cr.P.C. statement of "Ms. X" for the obvious reasons. There is no medical report that alleged victim have sustained any injury was ever recorded and the girl has denied to get her internal medical examination done. Learned A.G.A tried to justify this mind boggling theorem that why and what circumstances the case crime no. 110 of 2021 was lodged to two different persons and the FIR by Rehman is yet to be registered. The applicant is in jail since last seven months on a bald allegation to misbehavior. Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Let the applicant-Rahman, 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/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC. (iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC. (iv) THE APPLICANT/APPLICANTS 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. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT/APPLICANTS IS/ARE 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 HIS/HER/THEIR IN ACCORDANCE WITH LAW. (v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT/APPLICANTS. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-: 1. The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. 2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. 3. The computer generated copy of such order shall be self attested by the counsel of the party concerned. 4. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 7.1.2022 Abhishek Sri.