Mohammad Siraj @ Babu vs State Of U.P.
2022 Latest Caselaw 6210 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12292 of 2021
 
Applicant :- Mohammad Siraj @ Babu
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Srees Kumar Srivastava,Vinod Kumar Tiwari
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Shamim Ahmed,J.

Heard Shri Vinod Kumar Tiwari, learned counsel for the applicant and Ms. Shikha Sinha, learned AGA and perused the record.

The applicant, Mohammad Siraj @ Babu has moved the present bail application seeking bail in Case Crime No. 180 of 2021, under Sections 376 IPC, Police Station Jamo, District Amethi.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case due to village rivalry. No such incident as alleged by the prosecution took place. The entire prosecution story was built up only with the intention to defame the image of the applicant and his entire family in the society. The version of the FIR, the statements of the victim recorded under sections 161 and 164 Cr.P.C. and the statement of the brother of the victim who is aged about 10 years are almost like stereotype. There is no consonance in the statements and false allegation of rape was levelled against the applicant .

Learned counsel for the applicant further submits that entire allegation was levelled to built up pressure on the applicant and his entire family members so that he may marry with the victim. When the applicant refused to marry with the victim, the entire false case has been built up and he was roped by the prosecution.

Learned counsel for the applicant further submits that the averment made in the FIR and the statements of the victim recorded under sections 161 and 164 Cr.P.C. and the statement of the brother of the victim recorded under section 161 Cr.P.C. regarding allegation of rape got demolished after perusal of the medical report of the victim as the doctor in the medical report of the victim does not find any sign of committing rape with the victim nor there exists any external or internal injury on the person of the victim. The doctor finally opined that there is no sign of struggle seen, no inflammation, no injury seen on any part of the body of the victim, however final opinion is pending till all the pathological reports are done.

Learned counsel for the applicant further submits that no pathological report has yet come and is on record. The age of the victim as per her own statement of victim is 20 years and as per the medical report the age of the victim is 19 years, so she is major and she knew her consequences very well. She has made false allegations against the applicant only with the intention to built up pressure upon the applicant to marry with her.

Learned counsel for the applicant further submits that the applicant is in jail since 18.07.2021 and has by now done a substantial period of incarceration. In support of his argument, he has placed reliance of Hon'ble Apex Court judgment in the case of Kamal Vs. State of Haryana, 2004 (13) SCC 526 and submitted that the Hon'ble Apex Court was pleased to observe in paragraph no. 2 of the judgment as under :-

"2. This is a case in which the appellant has been convicted u/s 304-B of the India Penal Code and sentenced to imprisonment for 7 years. It appears that so far the appellant has undergone imprisonment for about 2 years and four months. The High Court declined to grant bail pending disposal of the appeal before it. We are of the view that the bail should have been granted by the High Court, especially having regard to the fact that the appellant has already served a substantial period of the sentence. In the circumstances, we direct that the bail be granted to the appellant on conditions as may be imposed by the District and Sessions Judge, Faridabad."

Learned counsel for the applicant has also placed reliance of Hon'ble Apex Court judgment in the case of Takht Singh Vs. State of Madhya Pradesh, 2001 (10) SCC 463, and submitted that the Hon'ble Apex Court was pleased to observe in paragraph no. 2 of the judgment as under:-

"2. The appellants have been convicted under Section 302/149, Indian Penal Code by the learned Sessions Judge and have been sentenced to imprisonment for life. Against the said conviction and sentence their appeal to the High Court is pending. Before the High Court application for suspension of sentence and bail was filed but the High Court rejected that prayer indicating therein that the applicants can renew their prayer for bail after one year. After the expiry of one year the second application was filed but the same has been rejected by the impugned order. It is submitted that the appellants are already in jail for over 3 years and 3 months. There is no possibility of early hearing of the appeal in the High Court. In the aforesaid circumstances the applicants be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Sehore. The appeal is disposed of accordingly."

Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 18.07.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, considering the fact that medical report does not support the prosecution case and considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the cases of Kamal Vs. State of Haryana (supra), Takht Singh Vs. State of Madhya Pradesh(supra) and Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.

The prayer for bail is granted. The application is allowed.

Let the applicant, Mohammad Siraj alias Babu, involved in Case Crime No. 180 of 2021, under Sections 376 IPC, Police Station Jamo, District Amethi, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

(5) In case, the applicant misuses the liberty of bail 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.

(6) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

(8) The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.

Order Date :- 7.7.2022

GSY