Allahabad High Court
Anand Kumar Patel vs State Of U.P. on 14 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2229 of 2023
Applicant :- Anand Kumar Patel
Opposite Party :- State of U.P.
Counsel for Applicant :- Atharva Dixit,Pranav Tiwary,Sr. Advocate
Counsel for Opposite Party :- G.A.,Bhupendra Pal,Satyendra Kumar Tripathi
Hon'ble Siddharth,J.
Heard Shri Manish Tiwary, learned Senior Counsel assisted by Shri Atharva Dixit learned counsel for the applicant; Shri Bhupendra Pal, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Anand Kumar Patel, with a prayer to release him on bail in Case Crime No. 374 of 2022, under Sections 376,323,504,506 IPC Police Station Cholapur, District- Varanasi, during pendency of trial.
There is allegation against the applicant of committing offence of rape,threatening and beating the victim.
Learned Senior Counsel for the applicant has submitted that it is a case of false implication of the applicant by way of proceedings under section 156(3) Cr.P.C.. Initially application of the applicant filed under section 156(3) Cr.P.C. was rejected by the court below but thereafter matter was remanded by this court to the trial court and then aforesaid application was allowed by the trial court.He has submitted that in the application of the applicant under section 156(3) Cr.P.C. she has stated that applicant had love affair with her since 2015.He entered into physical relation on the promise of marriage, thereafter he refused to marry her. However in her statement under section 161 Cr.P.C. she alleged that applicant committed alleged offence of rape against the victim after being recruited in Army in the year 2016.She has further stated that applicant married her in temple, thereafter ,elder brother of the applicant refused to marry him with victim. There is no evidence regarding termination of pregnancy of the victim as alleged by her in her statement. There was also no evidence found that she was taken to any guest house. Applicant has been implicated only proposal of marriage of victim was not accepted by the family members of the applicant. Applicant has been implicated only to humiliate him and getting him out of job.The applicant is in jail since 6.12.2022 and has no criminal history.
Learned counsel for the informant has opposed the bail prayer of the applicant and submitted that such person should not be permitted to continue in army keeping in view the character of the applicant.
Learned A.G.A. has also opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
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 :- 14.2.2023
Atul kr. sri.
