Allahabad High Court
Ashish Pal vs State Of U.P. on 3 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37038 of 2022
Applicant :- Ashish Pal
Opposite Party :- State of U.P.
Counsel for Applicant :- Inder Jeet Bhardwaj,Phool Singh Yadav,Sunita Chauhan
Counsel for Opposite Party :- G.A.,Santosh Kumar Shukla
Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicant is placed on record.
Heard Shri P.S. Yadav, learned counsel for the applicant; learned A.G.A. and Shri Santosh Kumar Shukla, learned counsel for the informant.
Learned counsel for the applicant has submitted that with regard to incident which took place in the year 2018, F.I.R. has been lodged on 13.12.2021 alleging the offence of rape, extension of threat etc., against the applicant. Learned counsel for the applicant submits that the victim was a major woman aged about 23 years at the time of incident and about 26 years at the time of lodging of F.I.R. She has made false allegation that the applicant promised to marry her but later refused to marry her. It is further submitted that the present F.I.R. has been lodged just to pressurize the applicant to marry her.
The applicant is in jail since 17.07.2022 and has no criminal history to his credit.
On the other hand learned A.G.A has opposed the prayer for bail.
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 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-Ashish Pal involved in Case Crime No.578 of 2021, under Sections 376, 504, 506 IPC, Police Station-Vidhuna, District-Auraiya 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.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.1.2023
Jyotsana
