Allahabad High Court
Sohail vs State Of U.P. And 3 Others on 11 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:195710
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43059 of 2023
Applicant :- Sohail
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Shweta Singh,Rakesh Kumar Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned AGA informs that notice on opposite party no.2 has been served but no one has turned up to oppose this bail application.
There is allegation against the applicant of abduction of minor girl with intent to marry, commission of offence of gang rape, offence under Section 5/6 of POCSO Act and offence under Section 3(ii)V of SC/ST Act.
Learned counsel for the applicant submits that the victim had consenting relation with co-accused, Anees. She eloped with him and thereafter falsely implicated the applicant and other co-accused in this case. She has stated that she was sleeping along with her brothers on the roof of her house. Her brothers denied anyone coming on the roof. She has refused to get herself medically examined. Therefore, there is no corroborative evidence before the court to prove the alleged offence. The age of the victim as per ossification test report is about 18 years. She is not minor. Applicant is in jail since 07.07.2023.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
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 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, Sohail, involved in Case Crime No.243 of 2023, under Sections 363, 366, 376D I.P.C and under Section 5/6 of POCSO Act and under Section 3(ii)V of SC/ST Act, Police Station Mahuakhera, District- Aligarh 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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.10.2023
SS
