Allahabad High Court
State Of U.P. vs Suraj Kumar Verma on 2 May, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:79188
Court No. - 65
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 299 of 2021
Applicant :- State of U.P.
Opposite Party :- Suraj Kumar Verma
Counsel for Applicant :- A.G.A.
Counsel for Opposite Party :- Anil Kumar Pathak
Hon'ble Saurabh Shyam Shamshery,J.
1. This bail cancellation application was filed in the year 2021 to cancel bail granted to accused by coordinate Bench of this Court vide order dated 29.03.2019 in Case Crime No. 18/2018 under Sections 376, 452, 506 IPC and 3(2)(5) of SC/ST Act, Police Station- Bijpur, District- Sonbhadra.
2. Sri R.K. Mishra, learned AGA for State-applicant has referred contents of paragraph nos. 6, 7, 8, 9, 10, 11 of present application which are quoted below -:
?6. That the examination-in-chief of prosecutrix /victim has been recorded on 22-07-2019 in Special S.T. No. 45/2019 in her examination- in-chief she specifically stated that her parents went to Chhatishgarh in the morning of 01-07-2018 and in the night opposite party came to her house and committed rape with her and when her parents return back on 03-07-2018 from Chhatishgarh then the lodged the first information report.
7. That it is relevant to mention here that opposite party Suraj after obtaining bail from this Hon'ble Court consistently given threat to victim that if she is given statement against him he will threw acid on her body or kill her.
8. That the victim moved an application on 22-08-2021 before President/Secretary District Legal aid committee Sonbhadra stating therein about the threat given by opposite party to him which is received in the office of District Legal Service Committee on 24-08-2021.
9. That on 28-08-2021 incharge secretary District legal aid committee wrote a letter to Superintendent of Police for necessary action.
10. That on the letter dated 28-8-2021 an enquiry has been conducted by beat constable Prikashan Singh on 07-09-2021 who in his report submitted that upon enquiry it is found that opposite party Suraj Verma son of Videshi Chandra Verma after releasing on bail giving threat to victim and witness and the same has been mentioned in G.D. No. 29 time 13:20 dated 07-09-2021.
11. That after obtaining bail from this Hon'ble Court opposite Suraj party continuously given threat Kumar to victim and other witness and he is misusing the liberty of bail granted by this Hon'ble Court.?
3. Learned counsel for accused Sri Chandra Pratap Singh, Advocate has denied above allegations and has referred paragraph nos. 7, 8 and 10 of counter affidavit, which are quoted below -:
?7. That the content of paragraph no. 6 to this bail cancellation application are vehemently denied and it is submitted here that the prosecutrix/victim has given wrong statement before the court below in her examination in chief only in intention to provide punishment to the opposite party while it is submitted here that that even though the prosecutrix has made above said false allegation against the opposite party but she has regularly met with the opposite party during his detention period in jail and made pressure that if the opposite party would perform marriage with her she would withdraw the above aid case. The said fact is clear from the information provided by Jail Superintendent, Sonbhadra dated 02.11.2019.
8. That the content of paragraph no. 7 to this present bail cancellation application are vehemently denied and it is submitted here that after obtaining bail from this Hon'ble Court, the prosecutrix has started to make threatening to the opposite party that otherwise he would perform marriage with her or she make further false allegation against him and due to the said reason, the opposite party has started to his private job at different places from his residence and he has not used to reside at his parental residence and left the all contact with the prosecutrix then the prosecutrix has made the above said false allegation against the opposite party that he made threatening to her while the opposite party has not given any threatening to her at any time. The said facts is clear from perusal of the job documents of the opposite party issued by the companies.
10. That in reply to the contents of paragraph no. 9 to this present bail cancellation application it is submitted here that without any enquiry, the secretary of the District Legal Services Tribunal, Sonbhadra has wrongly referred the above said matter to SP Sonbhadra for further action. It is further submitted here that the prosecutrix and her family member are so adamant to send the opposite party behind bar that they taken the beat constable in their influence and in collusion with them, the beat constable, without proper inquiry and without any evidence, wrongly given his reports that the opposite party is criminal minded person and regularly made pressure upon prosecutrix for compromise and on regularly threatened the prosecutrix as well as other witnesses but in his report, he has not stated anywhere that whose person have informed to him that the opposite party is a criminal minded person and he threatened the prosecutrix as well as witnesses while no such prior complaint has been made by the prosecutrix against the opposite party and further except the present case, the opposite party have no criminal history and he has never involved in such type of activities as alleged in the present prosecution case and except the present case, no other case has been registered against the opposite party at any police station and without any cogent evidence, the beat constable has given the above said wrong report to his senior officers and it is further submitted here that neither the prosecutrix nor any witnesses has made complaint before the District Judge in regard their allegation that the opposite party has made threatening to not given evidences against him as such it is clear that under collusion of the prosecutrix and her family members, the above beat constable has given the above said false report before his higher officer.?
4. Heard learned counsel for parties and perused the record.
5. Law in regard to cancellation of bail is reiterated by Supreme Court in Himanshu Sharma vs. State of Madhya Pradesh, 2024 SCC Online SC 187 and relevant part is quoted below -:
?12. Law is well settled by a catena of judgments rendered by this Court that the considerations for grant of bail and cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after being released on bail, (a) the accused has misused the liberty granted to him; (b) flouted the conditions of bail order; (c) that the bail was granted in ignorance of statutory provisions restricting the powers of the Court to grant bail; (d) or that the bail was procured by misrepresentation or fraud. In the present case, none of these situations existed.?.
7. Court takes note that present status of trial is not on record, therefore, this Court is not aware whether till date statement of victim has been completely recorded or not. Allegations against accused are that he has threatened the victim not to depose against him and for that she has filed an application before District Legal Services Authority, however, its outcome is not on record.
8. Court also takes note that averment made in counter affidavit which is supported by document that victim has met accused in jail and order whereby accused was granted bail was passed after considering rival submissions and material on record.
9. In aforesaid circumstances, considering that not only present status of trial is not on record i.e. whether statement of victim has been recorded or not but outcome of above referred complaint is also not on record. The Court also takes note that victim herself met accused in jail.
10. Therefore, in view of judgment passed by Supreme Court in Himanshu Sharma (supra), I do not find that it is a fit case to cancel bail of accused, hence, application is rejected.
Order Date :- 2.5.2024
N. Sinha
