Allahabad High Court
Sumer Singh vs State Of U.P. And 3 Others on 11 December, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:233957
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44566 of 2023
Applicant :- Sumer Singh
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Dharmendra Pratap Singh
Counsel for Opposite Party :- G.A.,Ajai Kumar Mishra,Ajay Kumar Mishra,Saroj Kumar Yadav
Hon'ble Siddharth,J.
Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant; Shri Saroj Kumar Yadav, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Sumer Singh, with a prayer to release him on bail in Case Crime No. 165 of 2023, under Sections 452,376(3),504,506 IPC and section 3/4 POCSO Act Police Station Kadadham, District- Kaushambi, during pendency of trial.
There are allegations against the applicant of committing offences of rape and penetrative sexual assault after entering into house of victim and also causing offence of criminal intimidation.Learned counsel for the applicant has submitted that from the statement of the victim recorded under section 161 Cr.P.c. it is clear that she was consenting party. She had bolted the door and she was inside the room with applicant and when her father knocked the door she was found in the room alongwith applicant. as per radiological report of the victim she is aged about 18 years. Applicant has been falsely implicated in this case. He is in jail since 22.6.2023 and has no criminal history.
Learned counsel for the informant has submitted that applicant has referred the age of the victim recorded in 9th certificate below 15 years. Doctor has opined that possibility of rape cannot be ruled out.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
After considering the rival contentions this court is of the opinion that as per section 9 of the Juvenile Justice Act only high school is admissible for determination of the age not from Pre Board certificate.
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.
Order Date :- 11.12.2023
Atul kr. sri.
