Allahabad High Court
Kamal Singh vs State Of U.P. on 19 December, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19638 of 2022
Applicant :- Kamal Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar,Kamta Prasad
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Heard 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. 285 of 2021 under Sections 376(D), 323, 504 and 506 IPC, P.S.Sumerpur, District Hamirpur.
3. With regard to incident, said to have taken place on 4th April, 2021 at about 9.30 P.M., an N.C.R. was lodged by the first informant under Section 323 IPC in which the applicant was not named and only co-accused Suresh is named with primary gist of allegation being against him. Subsequently F.I.R. has been lodged against said Suresh as well as applicant by means of application under Section 156 (3) Cr.P.C. on 4th September, 2021 with allegations of rape against both.
4. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him which is amply borne out by the fact that in the N.C.R. lodged on the very next day, applicant has neither been named nor is there any allegation against him and his name has been introduced only by means of application under Section 156(3) Cr.P.C. that too subsequently on 4th September, 2021 without any cogent explanation for such a discrepancy. It is submitted that medical examination of the prosecutrix was conducted day after lodging of the N.C.R. and does not corroborate the allegations levelled in the present F.I.R. As such it is submitted that there is no plausible explanation nor any evidence with regard to complicity of applicant who is in jail since 22nd March, 2022 with only charge sheet having been filed.
5. Learned A.G.A. appearing on behalf of State has opposed bail application with the submission that contents of F.I.R. have been corroborated in the statement of prosecutrix under Section 161 and 164 Cr.P.C.
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 N.C.R. was lodged by prosecutrix on the very next day of the alleged incident in which applicant's name does not find any mention. N.C.R. is a part of case diary and in the medical examination of prosecturix conducted on the very next day of incident, nature of injuries do not appear to corroborate the allegations levelled in the present F.I.R. There does not appear to be any cogent explanation for discrepancy with regard to applicant who is in jail since 22nd March, 2022.
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, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.
9. Accordingly bail application is allowed.
10. Let applicant Kamal Singh 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 :- 19.12.2022
Prabhat
