Allahabad High Court
Umakant vs State Of U.P. on 22 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3408 of 2021
Applicant :- Umakant
Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 230 of 2019, under Sections 363, 366 IPC, P.S. Dholana, District Kasganj.
Counsel for the applicant argues that the FIR in question was lodged on 9.10.2019 and the incident is said to be of 28.09.2019. He argues that the name of the applicant had been included only after the statement under Section 164 Cr.P.C., which is on record. From perusal of the said statement under Section 164 Cr.P.C., it is borne out that the applicant had allegedly asked the victim to sit in the car and had by use of force made her sit in the car, the main allegations of rape were against Bablu. Counsel for the applicant further argues that as the FIR in question itself was lodged after about 12 days coupled with the fact that the applicant is the real brother of the father of the victim, it is highly improbable that the name was not recorded in the FIR when the FIR was got registered. He has further drawn my attention to the fact that on account of on going disputes in between the family members, the father-in-law of the applicant Mahendrapal has lodged an FIR vide NCR No. 155 of 2019, under Section 323, 504, 506 IPC against his brother and the father of the victim on 25.11.2019 and thus on account of the family enmity, the applicant had been implicated. The applicant is languishing in jail since 25.9.2020 and has no criminal antecedents, which fact has not been denied by the learned A.G.A.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as the fact that the applicant is languishing in jail since 25.9.2020 and has no criminal antecedents and there is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.
Let the applicant Umakant 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 :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 22.1.2021
S. Rahman
