Allahabad High Court
Lala Ram vs State Of U.P.And Another on 24 November, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9406 of 2020
Applicant :- Lala Ram
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Ramesh Chandra Yadav,Nikhil Kumar,Shiv Nath Singh
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1.Despite service of notice in May, 2020 as per report of Chief Judicial Magistrate dated 13.05.2020, no one has put in appearance on behalf of informant.
1A. 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.523 of 2019, under Sections 363,376(3), 506 IPC and Section 3/4(3) Protection of Children From Sexual Offences Act, registered at Police Station Rura, District Kanpur Dehat.
3. As per contents of FIR lodged against unidentified person, the minor niece of the informant was abducted on 28.11.2019. Applicant has been taken into custody on the basis of statement of prosecutrix recorded under section 161 Cr.P.C.
4. Learned counsel for applicant submits that the applicant has been falsely implicated in a case of mistaken identity. Attention has been drawn to the statement of prosecutrix as P.W. 3 indicating that she has not identified the applicant as her abductor. It is submitted that even P.W. 1 and P.W. 2 have not supported the prosecution version with regard to identification of applicant as perpetrator of crime. It is further submitted that as yet only three prosecution witnesses have been examined although as per charge-sheet there are a total of nine witnesses and applicant is in jail since 11.12.2019 with no hope of early conclusion of trial
5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application but does not dispute the fact situation.
6. 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."
7. Considering the submissions advanced by learned counsel for parties and upon perusal of material available on record, it appears that although applicant has been taken into custody on the basis of statement of prosecutrix recorded under sections 161 and 164 Cr.P.C. but during the course of trial, she has refused to identify the applicant as perpetrator of crime and has in fact indicated a mistaken identity. P.W.1 and P.W. 2 also in their deposition have not supported the prosecution version with regard to applicant.
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, Lala Ram, 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 :- 24.11.2022
Subodh/-
