Allahabad High Court
Dr. Shailendra Singh vs State Of U.P. And 3 Others on 7 August, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:157618
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33645 of 2023
Applicant :- Dr. Shailendra Singh
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Amit Rana
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Amit Rana, learned counsel for the applicant, Sri Anuj Chaudhary, learned counsel for the informant and learned A.G.A. for the State.
There is allegation against the applicant of committing offence of sexual harassment, rape, unnatural intercourse, threatening and penetrative sexual assault against the victim who claims herself to be minor.
Learned counsel for the applicant submits that there is matrimonial dispute between the applicant and his wife. Victim was employed as maid servant in the house of the couple. Earlier dispute took place between the couple and first information report was lodged by the wife of the applicant under Section 323, 380, 307, 506, 120B I.P.C, wherein applicant was granted bail. The aforesaid first information report was lodged regarding incident dated 08.02.2022. The present implication has been made with regard to the same incident wherein the victim herself one of the witnesses.
Learned counsel for the applicant further submits that the victim was earlier used as witness in the first information lodged by the wife of the applicant. Now she has herself lodged the first information report on behalf of his wife. The couple are doctors and on account of matrimonial dispute the present implication has falsely been made. Medical report does not supports the prosecution case in the first information report.
Learned counsel for the informant has not opposed the submissions made by the learned counsel for the applicant. He has no objection if the applicant is released on bail. First information has been lodged under some misunderstanding.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and 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.
Let the applicant, Dr. Shailendra Singh, involved in Case Crime No.106 of 2023, under Sections 354(ka), 376(3), 377, 506 I.P.C and 3/4(2) of POCSO Act, Police Station Pallavpuram, District- Meerut 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.8.2023
SS
