Allahabad High Court
Kripa Chaubey vs State Of U.P. And 3 Others on 14 December, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:236650
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43727 of 2023
Applicant :- Kripa Chaubey
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Sarfaraz Ahmad
Counsel for Opposite Party :- G.A.,Gaurav Kumar Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Gaurav Kumar Singh, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Kripa Chaubey, with a prayer to release him on bail in Case Crime No. 114 of 2023, under Sections 376AB,323,504 IPC and section 5M/6 of POCSO Act Police Station Tamkuhiraj, District- Kushinagar, during pendency of trial.
There are allegations against the applicant of committing offences of rape, causing hurt, intentional insult with intent to provoke breach of peace and also offence under section 5M/6 of POCSO Act.Learned counsel for the applicant has submitted that there is no allegation of commission of rape of minor girl aged about 12 years.The victim and her mother have stated that applicant disrobed the victim and was touching her inappropriately on her stomach and private part.Applicant is aged about 55 years and was teaching the minor victim.Because of dispute regarding payment of tuition fees, he has been falsely implicated. The applicant is in jail since 18.5.2023 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have 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.
Order Date :- 14.12.2023
Atul kr. sri.
