Allahabad High Court
Hasrat vs State Of U.P. on 17 July, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141769
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25139 of 2023
Applicant :- Hasrat
Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Joshi,Ramesh Kumar Pandey
Counsel for Opposite Party :- G.A.,Mohd Aamir
Hon'ble Siddharth,J.
Heard Shri Ramesh Kumar Pandey, learned counsel for the applicant; Shri Mohd. Aamir, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Hasrat, with a prayer to release him on bail in Case Crime No. 83 of 2023, under Sections 328,376,506,342 IPC and section 67 I.T. Act Police Station Garhmukteshar, District- Hapur, during pendency of trial.
There is allegation in the First Information Report that applicant had taken personal photographs of the victim in his mobile phone by way of cheating. On 14.2.2023 he called the victim to a place on the pretext of deleting the photographs from his phone. When she went there he abducted her in a car and gave her intoxicating cold drink.She was taken to the hotel and made to consume cold drink again.Thereafter she was subjected to rape and applicant again made her video. He asked her to bring Rs.50,000/- failing which he will make her video viral.When he did not received money, he made video viral on Whatsapp and sent it to her relatives.
Learned counsel for the applicant has submitted that investigating officer has recovered video of the victim with applicant but has not recovered the mobile phone number on which the same was made viral.The investigating officer has not recorded in the case diary from where he recovered the aforesaid video. From the mobile phone recovered from applicant no such video was found . Learned counsel for the applicant has further submitted that in the C.C.T.V. footage of the hotel victim and applicant are seen coming in a car and going inside the hotel in normal condition .Victim did not appeared to be drugged and under intoxicated in C.C.T.V. footage of the hotel.There is nothing to link the alleged video recovered by the investigating officer with applicant nor there is any evidence of making the viral video by the applicant. Victim was a consenting party and falsely implicated the applicant for ulterior motive. The applicant is in jail since 21.2.2023 and has no criminal history.
Learned counsel for the informant has vehemently opposed the bail prayer of the applicant and has submitted that allegations against the applicant are serious.However he is not able to controvert the submissions made by the learned counsel for the applicant.
Learned A.G.A. has also 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; 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.
Order Date :- 17.7.2023
Atul kr. sri.
