Allahabad High Court
Habib @ Veela vs State Of U.P. And Another on 3 January, 2023
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18122 of 2021
Applicant :- Habib @ Veela
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohd. Arshad
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant,Habib @ Veela, with a prayer to release him on bail in Case Crime No. 601 of 2020, under Sections 363, 376 I.P.C. and Section 3/4 of the Protection of Children from Sexual Offences Act, Police Station- Delhi Gate, District- Aligarh, during pendency of trial.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the present case due to some ulterior motive. Learned counsel for the applicant submits that after lodging the F.I.R., police started investigation and recovered the victim from Noida within 24 hours of the alleged incident on 22.11.2020. During the course of investigation, the victim was produced before the CMO concerned on 27.11.2020 for ossification test to ascertain the age of the victim and she was found about 17 years old. Learned counsel for the applicant next submitted that alleged incident is said to have taken place on 21.11.2020 at 9.49 PM but the F.I.R. was lodged on 22.11.2020 at 3.49 P.M. i.e. after a delay of about 17 hours within giving explanation for the same. Learned counsel for the applicant very fairly submits that during the course of investigation, P.W.-1 and P.W.-2 turned hostile. It is next submitted that applicant has no criminal history and he is languishing in jail since 22.11.2020 and in case, he is enlarged on bail he will not misuse the liberty of bail and shall cooperate with the trial.
Learned A.G.A. has 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, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 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 coupled with the fact that P.W.-1 and P.W.-2 turned hostile 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- Habib @ Veela 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 :- 3.1.2023
Sachin/-
