Allahabad High Court
Gopal vs State Of U.P. on 14 September, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36070 of 2022
Applicant :- Gopal
Opposite Party :- State of U.P.
Counsel for Applicant :- Bhagwan Das
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Heard Mr. Anjeet Singh, Advocate holding brief for Mr. Bhagwan Das, 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.110 of 2022, under Sections 452, 376 I.P.C., P.S. Jakhaura, District Lalitpur.
3. As per contents of first information report, the applicant is alleged to have sexually molested the informant on 29.05.2022 when he forcibly entered into her room.
4. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him. It is submitted that there is material contradiction in the statements of informant under Sections 161 Cr.P.C. and 164 Cr.P.C. It is submitted that statement of informant under Section 164 Cr.P.C. clearly indicates previous enmity between the applicant and the elder brother-in-law of informant, which is the motive for implicating the informant. It is submitted that there is also material contradiction in the story of the informant under Section 164 Cr.P.C. and that of alleged eye witness Avdhesh wherein one person has stated that the applicant was apprehended from the spot whereas the other has stated that the applicant had fled from the scene. It is submitted that medical examination of informant also does not corroborate the charges levelled against the applicant and even otherwise F.I.R. has been lodged after deliberation with a gap of two days without any explanation for the same. The applicant is in jail since 03.06.2022 but trial has not yet commenced despite charge sheet having been filed.
5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with submission that statements of informant under Sections 161 Cr.P.C. and 164 Cr.P.C. do not have any material contradiction and the allegations levelled are mostly the same. It is, however, admitted upon instructions that while charge sheet has been filed, charges have yet not been framed.
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 the parties and upon perusal of the material on record, prima facie, and subject to further evidence being led in trial, it appears that there is contradiction in not only the statements of informant under Sections 161 Cr.P.C. and 164 Cr.P.C. but also with that of eye witness Avdhesh, as indicated herein above, the medical report also does not appear to support the allegations made against the applicant, who is in jail since 03.06.2022 without trial having commenced, as such, without expressing any opinion on the merits of case,this Court finds, the applicant is entitled to be released on bail in this case.
8. Accordingly bail application is allowed.
9. Let applicant Gopal, 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 :- 14.9.2022
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