Allahabad High Court
Kamlesh Chaudhary vs State Of U.P. And 3 Others on 17 July, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2023:AHC:143025
RESERVED ON 12.7.2023
DELIVERED ON 17.7.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55393 of 2021
Applicant :- Kamlesh Chaudhary
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Abhishek Kumar Srivastava,Amit Kumar Rai,Pradeep Kumar Rai
Counsel for Opposite Party :- G.A.,Rishi Kant Rai
Hon'ble Siddharth,J.
Heard Shri Kamal Krishna, learned Senior Counsel assisted by Shri Pradeep Kumar Rai, learned counsel for the applicant, Shri Rishi Kant Rai, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Kamlesh Chaudhary, with a prayer to release him on bail in Case Crime No. 96 of 2021, under Sections 376AB,506 IPC and section 5m/6 POCSO Act Police Station Bhawarkol, District- Ghazipur, during pendency of trial.
There is allegation against applicant that he has committed offence of rape of minor girl aged about 12 years.Applicant is stated to be elderly person of the age of grand father of the victim.
Learned senior counsel for the applicant has submitted that in the medical examination of the victim no external injury has been found on the person of the victim. He has submitted that it is a case of false implication on account of village enmity. Victim has not made allegation of commission of offence of rape but stated that applicant disrobed her and indecently behaved with her. In the supplementary medical report of the victim nothing incriminating was recovered against the applicant. Supplementary affidavit has been filed on behalf of the applicant in the court wherein charge sheet filed in this case on 6.5.2022 has been brought on record. He has submitted that trial has begun and two out of ten prosecutions witnesses have been examined till date.He has submitted that informant was not present in the house when the alleged incident took place and he is not eye witness of the incident..He has lodged the First Information Report on the basis of information from the other source as per his statement before the court below.In another supplementary affidavit filed by learned counsel for the applicant the details of B.D.C. election have been brought on record which shows that daughter-in-law of the informant lost the election in the year 2021 while Lalti Devi, whom applicant supported, won the election. In the earlier elections also applicant supported the rival candidates of informant in the election ,therefore there was prior enmity between the parties. The applicant is in jail since 7.8.2021 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant and have submitted that allegations against the applicant are quite serious. He has committed rape pf minor girl aged about 12 years.Victim had not falsely implicated him .However he has not given any reply regarding medical report of the victim.
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 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
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 conclude the trial within a period one year.
The registrar(Compliance)of this court is directed to communicate this order to the trial court for compliance within ten days..
Order Date :- 17.7,2023
Atul kr. sri.
