Allahabad High Court
Neeraj Singh @ Kallu Singh vs State Of U.P. And 3 Others on 10 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58132 of 2022
Applicant :- Neeraj Singh @ Kallu Singh
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Vinod Kr Pandey,Sita Ram
Counsel for Opposite Party :- G.A.,Rajesh Kumar Verma
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Rakesh Kumar Verma, learned counsel for the informant and learned A.G.A. for the State.
There is allegation against the applicant of committing offence of rape, beating, threatening and penetrative sexual assault against victim who belongs to SC/ST.
Learned counsel for the applicant submits that as per report of radiologist the age of he victim is about 18 years. He has further submitted that there were dispute regarding water between the informant and the accused applicant, Neeraj Singh. He was challaned under Sections 151, 107, 116 Cr.P. C by police on 16.04.2022. The incident in dispute is alleged to have taken place on 14.04.2022 i.e., two days prior to alleged challaning report of the police. He has submitted that there was no reference to earlier incident dated 14.04.2022 in the complaint on the basis of which accused-applicant challaned by the police. Proceedings under Section 156(3) Cr.P.C has been initiated on account of aforesaid enmity and on the basis of the same, the first information has been lodged on 06.08.2022 regarding incident dated 14.04.2022. He has submitted that the applicant has been falsely implicated in this case. He is jail since 18.09.2022.
Learned AGA and learned counsel for the informant have vehemently 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, Neeraj Singh @ Kallu Singh, involved in Case Crime No.321 of 2022, under Sections 376, 323, 504, 506 I.P.C and 3/4 of POCSO Act and Section 3(2)(v), 3(2) (va) and 3(1) r and s of SC/ST, Police Station Khaga, District- Fatehpur 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 :- 10.2.2023
SS
