Allahabad High Court
Baljeet vs State Of U.P. And Another on 19 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40087 of 2022
Applicant :- Baljeet
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Akash Tomar,Swati Agrawal Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 19.1.2023 notice on informant but no one appears on his behalf.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Baljeet, with a prayer to release him on bail in Case Crime No. 171 of 2022, under Sections 363,376D IPC and section 5/4 POCSO Act Police Station Karchhana, District- Prayagraj/Allahabad, during pendency of trial.
There is allegation of committing offence of abduction of minor girl and gang rape against the applicant.Learned counsel for the applicant has submitted that First Information Report was initially lodged after five days.Thereafter allegation of rape surfaced in the statement of the victim .Her age is above 16 years and below 18 years.As per statement of the victim under section 164 Cr.P.C. she had gone to different places on motorcycle with co-accused, Hanuman Yadav and Sunil Nishad.The role of rape has been assigned to the applicant for the first time in her statement under section 164 Cr.P.C.Medical report does not supports the prosecution allegations. The applicant is in jail since 9.7.2022 and has no criminal history.
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 noted above,finding force in the submissions made by the learned counsel for the applicant, 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 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 :- 19.1.2023
Atul kr. sri.
