Allahabad High Court
Ram Sharan vs State Of U.P. on 9 February, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 30
Case :- BAIL No. - 9009 of 2019
Applicant :- Ram Sharan
Opposite Party :- State of U.P.
Counsel for Applicant :- Amrendra Singh,Ashok Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the applicant, Sri Amrendra Singh, Advocate and learned A.G.A for the State and perused the record.
The present bail application is moved on behalf of the accused-applicant, Ram Sharan involved in Case Crime No.308/2019, under Sections 323, 504, 506, 354, 376 I.P.C., Police Station- Kotwali Dehat, District- Bahraich.
The occasion of present bail application has arisen on the rejection of bail plea of the accused-applicant by learned Incharge Sessions Judge, Bahraich vide order dated 02.08.2019. Copy of the bail application has already been received in the office of learned G.A.
Counter affidavit and rejoinder affidavit between the parties have been exchanged.
Learned counsel for the applicant submitted that the F.I.R. is lodged by the daughter-in-law of the present accused-applicant on 22.5.2019 saying that in the night at about 11:00 p.m., the accused-applicant finding her sleeping in her room, entered therein and began to drag her wearing apparel (saree), the complainant got awakened and made cries for rescue, the accused-applicant began to beat her. Hearing the noise, when the mother-in-law reached in the room to rescue her, the accused applicant beaten her also, thereby causing injuries to the complainant, daughter-in-law and her mother-in-law.
Learned counsel for the bail applicant submitted that in para-5 of the affidavit filed in support of the bail application he has explained the reason why daughter-in-law and mother-in-law both have falsely implicated the present accused-applicant. The said para-5 is as follows:-
"That as a matter of fact the applicant is innocent. He has not committed any offence, whatsoever, and has falsely been implicated in the present case by the complainant, with the connivance of her husband and her mother-in-law, due to malafide intention and just to put pressure upon the applicant for division of his property, while no such incident has taken place as alleged by the prosecution.
Learned counsel for the bail applicant further submitted that there is a dispute as to the division of property between the father and son, they want separation and, this is why the accused-applicant is falsely implicated.
He drew the attention towards the medical examination report, wherein simple injuries are reported, however, the statements recorded by the Investigating Officer have also reiteration of F.I.R. version with an improvement in the statements of complainant, daughter-in-law and her mother-in-law, both have stated that the accused-applicant have earlier also committed rape with the complainant.
Learned A.G.A. submitted that this is a matter of domestic violence with sexual abuse where the accused-applicant having dominance over the family, exploited his daughter-in-law, the complainant. Learned A.G.A. further submitted that the medical examination report with regard to simple injuries on the person of the complainant, daughter-in-law and her mother-in-law both confirms the complaints made in the F.I.R.
Learned A.G.A further submitted that the charge-sheet has already been submitted and the Investigating Officer has collected all the evidences against the present accused-applicant.
On rebuttal of the arguments made by learned A.G.A., learned counsel for the bail applicant submitted that the accused-applicant has no any criminal antecedent and he is permanent resident in the locality falling under territorial limit of the court concerned, therefore, there is no possibility of fleeing away. Moreover, learned counsel for the applicant submitted that the property dispute is still running between the parties and they are living separate with each other. In the circumstances, he submitted that the present accused-applicant deserves to be released on bail.
Therefore, keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Looking into the role, complicity of the accused-applicant in the offence, the prima facie case against him at this stage, without making any comment as to the merit of the case, I find it to be a fit case for granting bail.
Let applicants (Ram Sharan) involved in Case Crime No.308/2019, under Sections 323, 504, 506, 354, 376 I.P.C., Police Station- Kotwali Dehat, District- Bahraich be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 their 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 misuse 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 applicants 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 :- 9.2.2021
Gaurav/-
