Vijay Pal vs State Of U.P. And 3 Others
2023 Latest Caselaw 25737 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182600
 
Court No. - 91
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27616 of 2023
 

 
Applicant :- Vijay Pal
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Vishvendra Singh
 
Counsel for Opposite Party :- G.A.,Sanjay Singh
 

 
Hon'ble Gajendra Kumar,J.

1. Heard Sri Vishvendra Singh, learned counsel for the applicant, Sri Sanjay Singh, learned counsel for the informant as well as the learned AGA for the State and perused the material on record.

2. This is the second bail application under Section 439 of Code of Criminal Procedure filed by the applicant- Vijay Pal seeking enlargement on bail during trial in connection with Case Crime No.109 of 2022, under Sections 147, 323, 342, 457, 504, 506 I.P.C and Section 7/8 of POCSO Act, Police Station-Dauki, District- Agra.

3. The first bail application of the applicant being Criminal Misc. Bail Application No.31317 of 2022 was rejected by this Court vide order dated 22.12.2022.

4. The sole ground as argued by learned counsel for the applicant is that the applicant is in jail since 07.06.2022 for about 15 months. It is further submitted that no charge has yet been framed against the accused. It is argued that the applicant has no other criminal antecedents and is in jail since 07.06.2022.

5. Per contra, learned counsel for the informant and learned AGA have opposed the prayer for bail and submits that the applicant and other co-accused are not cooperating with the Court and they are seeking adjournment continuously.

6. After having heard learned counsels for the parties and perusing the record, it is evident that the first bail application of the applicant was rejected by this Court vide order dated 22.12.2022 passed in Criminal Misc. Bail Application No. 31317 of 2022. The same is extracted herein below:-

"Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.109 of 2022, under Sections 354, 354 (Kha), 147, 323, 342, 457, 504, 506 IPC and 7/8 POCSO Act, Police Station Dauki, District- Agra, during pendency of trial.

As per prosecution story, on 24.05.2022 the applicant along with other co-accused persons named in the FIR entered the house of the informant and tried to outrage the modesty of the daughter of the first informant and when the family members of the informant tried to save the daughter of the first informant the applicant fled away threatening them for life.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the allegation as has been levelled in the FIR is false and fabricated. It is further submitted that there is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 07.06.2022 and the possibility of conclusion of trial in near future is very bleak.

Learned AGA has vehemently opposed the prayer for bail of the applicant and submitted that the main allegations are against the applicant and submitted that the victim in her statement recorded under section 161 Cr.P.C. as well as 164 Cr.P.C. has specifically averred that the applicant had entered the house and forcefully tried to molest her. Submission is that the statements of the independent witnesses also reflects the same version as has been alleged in the FIR. In the statement of Smt. Pooja who is the sister-in-law of the victim, it has been specifically mentioned that the applicant was trying to do illegal act with the victim when the saw him.

Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant, Jitu Urf Jugendra involved in Case Crime No.109 of 2022, under Sections 354, 354 (Kha), 147, 323, 342, 457, 504, 506 IPC and 7/8 POCSO Act, Police Station Dauki, District- Agra, is hereby rejected at this stage."

7. Considering submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that the applicant is in jail since 07.06.2022 with trial yet in the initial stage. It also appears that the main ground for rejecting bail application of the applicant that the victim has supported the prosecution version in her statement recorded under Sections 161 & 164 Cr.P.C..

8. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-

"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."

"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

9. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.

10. Accordingly, the second bail application is allowed.

11. Let the applicant- Vijay Pal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.

(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 her in accordance with law and the trial court may proceed against her under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 21.9.2023

Sanjeet