Allahabad High Court
Sachin Patel Alias Daga vs State Of U.P.And 3 Others on 24 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved On:- 16.01.2023
Delivered On:- 24.01.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3755 of 2022
Applicant :- Sachin Patel Alias Daga
Opposite Party :- State Of U.P.And 3 Others
Counsel for Applicant :- Sanjay Kumar Singh,Preet Pal Singh Rathore
Counsel for Opposite Party :- G.A.,Istyak Khan,Roshan Kumar Singh
Hon'ble Siddharth, J.
1. Heard Sri Sanjay Kumar Singh, learned counsel for the applicant; Sri Istyak Khan, learned counsel for the informant; learned AGA for the State and perused the material placed on record.
2. There is allegation in the FIR that on 11.04.2021 at about 04:00 p.m when the victim was coming back from tuition classes, three boys who were in a Scorpio car, wrongly confined her in the car. In the car, the applicant was identified and two other accused persons were alleged to be his friends. It is alleged that there had been complaint against the applicant at police station earlier. Subsequently, the victim in her statements recorded under Sections 161 and 164 Cr.P.C., alleged that the applicant committed the offence of gang rape in the car and also abused her by caste related words.
3. Learned counsel for the applicant submits that it is a case of false implication. No injuries were found by the doctor in the medico-legal examination and in the supplementary report of the victim. He has further submitted that initially the allegations of rape were not there in the FIR but were levelled subsequently in the statement of the victim. The applicant has criminal history of three cases explained in paragraph 15 of the affidavit in support of the bail application.
4. Counsel for the informant has vehemently opposed the bail application and has submitted that the allegations against the applicant are serious in nature. He has previous criminal history also and does not deserves to be enlarged on bail by this Court keeping in view his criminal antecedents. Counsel for the informant has also brought on record the order of bail rejection of co-accused, Prince Kanaujiya @ Prince Patel.
5. Learned A.G.A has opposed the bail application of the applicant.
6. After hearing the rival contentions, this Court finds that in the FIR there was no allegation of gang rape levelled against the applicant. Only allegation of taking her inside the car was made along with allegation of outraging modesty of the victim. Thereafter she has intensified the allegation in her statements recorded under Sections 161 and 164 Cr.P.C. Her medical examination has taken place after more than a month of the incident and nothing incriminating has been found. The applicant is in jail since 25.06.2021. None of party are able to inform about the status of the trial.
7. 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; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; 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; 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.
8. Let the applicant, Sachin Patel Alias Daga, involved in Case Crime No. 249 of 2021, under Sections- 341, 354, 376-D, 504, 506, 323 IPC, Section ¾ of POCSO Act and Section 3(2)5 of S.C./ S.T. Act, Police Station- Kalyanpur, District- Kanpur Nagar, 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) Keeping view the criminal history of the applicant, he is directed to report his presence before the police station - Kalyanpur, District- Kanpur Nagar in the first week of every second month till the trial is concluded against him.
(ii) The applicant shall not tamper with the evidence or threaten the witnesses.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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 :- 24.01.2023
Rohit
