Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in
Case Details
Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48593 of 2021 Applicant :- Nazma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Navin Kumar Pandey,Niklank Kumar Jain Counsel for Opposite Party :- G.A.,Som Veer Hon'ble Manish Mathur,J. 1. No one has appeared on behalf of the informant despite power having been filed on her behalf.
Legal Reasoning
1A. Heard Mr. Navin Kumar Pandey learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. This first bail application has been filed with regard to Case Crime No. 748 of 2015 under Sections 323, 376, 120-B IPC & under Section 4 POCSO Act, P.S. Aliganj, District Etah. 3. As per contents of FIR, allegation has been levelled on one Saleem that he used to regularly rape the informant who is the prosecutrix and is a minor. Allegation of conspiracy has also been levelled against the applicant who is step mother of prosecutrix. 4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against her only on account of the fact that she is step mother of informant/prosecutrix who subsequently during the course of trial did not support the prosecution version and specifically denied the statements allegedly made by her under Sections 161 and 164 Cr.P.C. It is submitted that the applicant despite being a lady of advanced age is in jail since 22nd August, 2021. 5. Learned A.G.A. appearing on behalf of State has opposed bail application with the submission that the applicant has clearly been named in the F.I.R. along with her role in the incident and had absconded for a period of six years and was taken into custody only after proceedings under Sections 82 and 83 Cr.P.C. were initiated. 6. Considering submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that only allegation of abetting the main accused Saleem has been levelled in the F.I.R. but in her statement during course of trial, the prosecutrix has not supported the prosecution version specifically with regard to the applicant. Although the applicant had earlier absconded but learned counsel for applicant submits that she had in fact left the house and was residing elsewhere. On the basis of instructions an undertaking is being given that the applicant would cooperate during course of trial and would not abscond. 7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged and also considering the fact that the applicant is a lady and is in jail since 22nd August, 2021 and with the prosecutrix not supporting the prosecution version, the bail application is allowed. 9. Let applicant Nazma involved in the aforesaid case crime be released on bail on his 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 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. Order Date :- 14.11.2022 Prabhat Digitally signed by PRABHAT KUMAR Date: 2022.11.16 09:26:15 IST Reason: Location: High Court of Judicature at Allahabad