Allahabad High Court
Rakib vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30790 of 2019
Applicant :- Rakib
Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Chandra Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Akhilesh Chandra Shukla, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Rakib with a prayer to enlarge him on bail inCase Crime No. 1227 of 2019, under Sections 363 and 366 I.P.C., Police Station-Sahibabad, District-Ghaziabad, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the first information report has been lodged by Laxmi i.e. aunt of the victim, namely, Radha on 9th June, 2019 against the applicant alleging therein that on 8th June, 2019, the victim went to shop for purchasing shampoo, when she did not return to her house, the informant tried to search for her, in between she came to know that on the day of Eid, a boy, whose name was Shakib gave a chocolate, therefore, she was sure that there was involvement of Shaqib in missing of the victim. The victim has left her house along with Rs.20,000/-. The victim has been recovered safely on the same day and her statements under Section 161 and 164 Cr.P.C. have been recorded, wherein she has stated that she knew the applicant and he has given a mobile to her on which they talked to each other regularly for a month. She has also stated that the applicant took her from the way when she was going to shop and he left her at Loni, from where she went to house of one Munni with the help of a Tempo driver, where she stayed and worked as maid for five days. Nothing wrong has happened with her there. Thereafter when she was coming to her house by Tempo, the Police caught her. It has further been argued by the learned counsel for the applicant that as the aunt of the victim used to beat her, she has left her house on her own free will along with Rs. 20,000/- as is evident from the First Information Report. It was on the request of the victim that he dropped her at Loni only, thereafter what has happened with her, the applicant did not know. As per the medical examination report, the victim is 18 years old. She has also refused to get herself medically examined. The name of the applicant is Raqib but in the first information report, in both the statements of the victim as well as in the case diary, his name has been mentioned as Shakib, which also makes the prosecution case doubtful. Apart from the above, it has further been argued by the learned counsel for the applicant that the victim went along with the applicant from most crowded places. It is impossible to believe that a grown up major girl can be taken in most crowded places against her will for such a long distance. There is no evidence that she ever protested or resisted the act of the applicant or made any complaint all this while. The victim was forced to give some incriminating statements against the applicant under coercive pressures. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 20th June, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
(Manju Rani Chauhan, J.)
Order Date :- 1.8.2019
Sushil/-
