Allahabad High Court
Kapil vs State Of U.P. And 3 Others on 31 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:208138
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44622 of 2023
Applicant :- Kapil
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Rakesh Kumar Srivastava,Ashutosh Kumar Srivastava
Counsel for Opposite Party :- G.A.,Gunjan Sharma
Hon'ble Siddharth,J.
List revised.
Learned A.G.A. has informed that notice has been served upon the opposite party no2, but no one appears on his behalf.
Heard Shri Ashutosh Kumar Srivastava, learned counsel for the applicant; Ms. Gunjan Sharma, learned counsel for the opposite party no.4 and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Kapil, with a prayer to release him on bail in Case Crime No. 184 of 2023, under Sections 363,366,376 IPC and section 3/4 POCSO Act Police Station Badalpur, District- Gautam Budh Nagar, during pendency of trial.
There are allegations against the applicant of abduction of minor girl with intent to marry, commission of rape and penetrative sexual assault.Learned counsel for the applicant has submitted that although victim is minor but she has neither made allegation of abduction nor rape against the applicant. Victim in her statement recorded under section 164 Cr.P.C. stated that she eloped with applicant and went to Dadari. From there she went to Hathras and then to Mathura. She clearly stated that applicant did not committed offence of rape against her. The applicant is in jail since 17.6.2023 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 :- 31.10.2023
Atul kr. sri.
