Allahabad High Court
Pankaj vs State Of U.P. And 3 Others on 3 January, 2023
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59780 of 2022
Applicant :- Pankaj
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Sheetala Prasad Pandey
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, Pankaj with a prayer to release him on bail in Case Crime No.215 of 2022, under Section 376 I.P.C. and Section 5/6 POCSO Act, Police Station- Harraiya, District- Basti, 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. As per prosecution story, on 24.06.2022, F.I.R. has been lodged by the first informant against the applicant with the allegation that her younger daughter namely Preeti who is aged about 17 years was enticed away by the applicant and thereafter physical relation was established between them and proseutrix became pregnant. In the statement recorded under Section 161 Cr.P.C. informant stated that there is love affair between the applicant and the victim and applicant has not made any forceful relation with her. Learned counsel for the applicant very fairly submits that during the course of investigation, P.W.-1 and P.W.-2 turned hostile. Learned counsel for the applicant next argued that applicant has no any previous criminal history except the present one. Applicant is languishing in jail since 04.07.2022 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-Pankaj 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/-
