Allahabad High Court
Rahul vs State Of U.P. on 10 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5802 of 2023
Applicant :- Rahul
Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Kesh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard learned counsel for the applicant as well as Sri V.K. Gupta, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 527 of 2022, under Section 376 I.P.C., Police Station Surajpur, District Gautambudh Nagar, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have outraged the modesty of the daughter of the informant several times and even posted indecent remarks to her, as such, her life was made miserable by the applicant. The FIR was instituted by the mother of the victim on 19.8.2022 at about 12.22 hours.
5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has further stated that the FIR was instituted under Sections 354, 354-A, 504, 506 IPC and she was enlarged on bail by the Court of ACJM-1st , Gautambudh Nagar, vide order dated 22.8.2022, but later, on the basis of the statement of the victim recorded under Section 164 Cr.P.C., the allegations have been inflated against the applicant of having committed rape with her several times. Learned counsel has also stated that the victim was major as her date of birth is stated to be 5.6.2022. Learned counsel has further stated that the applicant has been put to double jeopardy, as he was on bail.
6. Learned Counsel has placed much reliance on the judgments of the Apex Court passed in case of Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, wherein the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Learned Counsel has also placed reliance on the judgment of this Court passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9742 of 2021, wherein the accused was enlarged on anticipatory bail after being granted regular bail.
7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 19.8.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute that the applicant was enlarged on bail on 22.8.2022 in the very same FIR itself and the present bail application is in added sections.
9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
10. Let the applicant- Rahul involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
12. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.
(Justice Krishan Pahal)
Order Date :- 10.4.2023
Shalini
