Allahabad High Court
Bheem vs State Of U.P. on 30 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:206424
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45619 of 2023
Applicant :- Bheem
Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Prasad
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Bheem, with a prayer to release him on bail in Case Crime No. 247 of 2023, under Sections 376,328,120-B IPC Police Station Sipari Bazar, District- Jhansi, during pendency of trial.
There is allegation against the applicant of committing offence of rape after intoxicating the victim.The implication under section 120-B I.P.C. has also been made since co-accused persons are involved in this case. Learned counsel for the applicant has submitted that applicant and co-accused are labourers. The husband of the victim is also mason. All worked under a contractor of the construction company and on account of money dispute with husband of the victim applicant has been falsely implicated in this case.There are contradictions in the statement of the victim.Victim in her statement under section 161 Cr.P.C. has stated that she was abducted and taken to Gwalior where alleged offence of rape was committed by the applicant and co-accused and her family members went to Gwalior and took her back to Jhansi.Victim in her statement under section 164 Cr.P.C. has stated that when applicant and co-accused were in drunk she ran away and reached Jhansi. The medical report of victim does not supports the prosecution case. The applicant is in jail since 14.6.2023 and has no criminal history.
Learned A.G.A. has 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 :- 30.10.2023
Atul kr. sri.
