Allahabad High Court
Shiv Kumar Saroj Alias Bhuwal vs State Of U.P. And 3 Others on 10 August, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:162040
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32608 of 2023
Applicant :- Shiv Kumar Saroj Alias Bhuwal
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Ajeet Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Shiv Kumar Saroj Alias Bhuwal, with a prayer to release him on bail in Case Crime No. 278 of 2022, under Sections 376AB IPC and 5/6 POCSO Act Police Station Mungrabadshahpur, District- Jaunpur, during pendency of trial.
There is allegation against the applicant of committing offence of rape of minor girl aged about 10 years. Implication under section 5/6 POCSO Act has also been made. Learned counsel for the applicant has submitted that it is a case of false implication.No one was named in the First Information Report.Subsequently six persons were arrested by the police in this case and five persons have been exonerated. Learned counsel for the applicant has submitted that at the time of lodging of the First Information Report no one was named. The informant has been examined as P.W.1 before trial court where he has named the applicant. There is no explanation as to why First Information Report was lodged against unknown persons when they were very well known informant.Applicant is labour and he refused to work in the home of Nana- Nanai of victim,therefore he has been falsely implicated in this case.Trial has commenced.The applicant is in jail since 28.11.2022 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
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; considering the dictum of Apex Court in the 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; 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 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.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to conclude the trial within a period six months.
The registrar(Compliance)of this court is directed to communicate this order to the trial court for compliance within ten days.
Order Date :- 10.8.2023
Atul kr. sri.
