Dilip Kumar @ Kunji Lal vs State Of U.P.
2023 Latest Caselaw 34090 ALL

Allahabad High Court

Dilip Kumar @ Kunji Lal vs State Of U.P. on 7 December, 2023

Author: Siddharth

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:231986
 
Court No. - 64
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48475 of 2023
 

 
Applicant :- Dilip Kumar @ Kunji Lal
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Puneet Srivastava,Himanshu Singh,Rishabh Pal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.
 

Heard learned counsel for the applicant and learned A.G.A for the State.

Co-accused, Manoj Kumar Patel, who is elder brother-in-law of the informant, has been granted bail vide order dated 25.9.2023 in Criminal Misc. Bail Application No. 41609 of 2023 by the following order:-

"List has been revised.

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Manoj Kumar Patel, with a prayer to release him on bail in Case Crime No. 33 of 2023, under Sections 376-D, 452, 504, 506, 328 IPC, Police Station Cant, District- Prayagraj, during pendency of trial.

There are allegations against the applicant of committing the offences of gang rape of a girl, criminal intimidation and intoxication after entering into her house.

Learned counsel for the applicant has submitted that applicant is the brother of husband of victim. He has been implicated in this case after proceeding under Section 156 (3) Cr.P.C. due to family dispute. The incident took place on 1.9.2022. Application under Section 156(3) Cr.P.C. was filed on 23.9.2022 and the FIR was registered on 22.2.2023. The statement of victim was recorded on 17.4.2023. He has submitted that there is dispute regarding partition of property between the applicant and victim. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 24.5.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view 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; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :-

(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, it shall be a ground for cancellation of bail.

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted."

Learned counsel for the applicant submits that applicant has parity of role with aforesaid co-accused. He is in jail since 7.10.2023.

On the other hand learned A.G.A has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering 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 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, Dilip Kumar @ Kunji Lal, involved in Case Crime No. 33 of 2023, under Sections 376D,452,504,506 IPC, Police Station- Cantt. District- prayagraj, 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.

Order Date :- 7.12.2023

Atul kr. sri.