Allahabad High Court
Virendra Singh vs State Of U.P. And 3 Others on 20 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44644 of 2022
Applicant :- Virendra Singh
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Basant Kumar Chauhan,Sunil Kumar Singh
Counsel for Opposite Party :- G.A.,Brajesh Kumar Singh,Seema Pandey
Hon'ble Siddharth,J.
Heard Shri Basant Kumar Chauhan and Shri Harendra Singh, learned counsels for the applicant; Shri Brajesh Kumar Singh,learned counsel for the informant; Ms.Seema Pandey,learned counsel for the High Court Legal Services Committee High Court, Allahabad and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Virendra Singh, with a prayer to release him on bail in Case Crime No. 122 of 2022, under Sections 342,323,376 IPC and section 3/4 POCSO Act Police Station Kotwali, District- Kanpur Nagar, during pendency of trial.
There is allegation against the applicant of commission of offence of rape and penetrative sexual assault of minor girl.
Learned counsel for the applicant has submitted that it is an absolutely false case.In the statement of the victim under section 164 Cr.P.c. she has made allegation against the applicant as Vivek Singh whose name is Virendra Singh.Before the doctor she has stated that she has abducted by boy, Vivek. It is further submitted that applicant committed offence of rape against her in hotel Mansarowar. Learned counsel for the applicant has brought on record the copy of the register of the hotel.The name of the applicant and his wife Tejaswini Giri has been mentioned in the register. The name of the victim has not been mentioned in the hotel register.The wife of the applicant is daughter of Sub-Inspector in police station Chakeri, Kanpur Nagar.The father of the wife of the applicant is not happy with the marriage of the applicant with his daughter.After marriage of wife of the applicant, Tejaswani Giri and applicant they filed Civil Misc. Writ Petition No. 25130 of 2021 before the Lucknow Bench and court directed the police authorities concerned to ensure that life and liberty of the petitioners was protected and the petitioners are able to live unhindered married life.He has also brought on record the note of his wife that his father-in-law pressurized his daughter to take divorce from the applicant.Applicant has been falsely implicated in this case through minor girl. The applicant is in jail since 21.5.2022 and has no criminal history.
Learned counsel for the informant has vehemently opposed the bail prayer of the applicant and submitted that applicant has committed offence of rape against the minor girl.In the medical report offence of rape is proved from the swab collected from the private part of the applicant.
Learned A.G.A. has opposed the bail prayer of the applicant and submitted that it has came in the instructions that nude photograph of the victim has been taken by applicant.
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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 20.1.2023
Atul kr. sri.
