Allahabad High Court
Sonu Jadaun @ Dharmendra Singh vs State Of U.P. on 22 May, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:92576
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17885 of 2024
Applicant :- Sonu Jadaun @ Dharmendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Shanker Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. This is the third bail application. First and second bail applications were rejected vide orders dated 21.3.2023 and 31.10.2023 respectively. Order dated 31.10.2023 in its entirely is reproduced hereinafter:
" 1. This is the second bail application. First bail application was rejected vide order dated 21.3.2023 by a reasoned order and relevant part thereof is mentioned hereinafter:
"8. Considering seriousness of allegations and that for a very long period victim was treated inhumanly at the hands of applicant and co-accused that her body was ravished multiple times and was repeatedly beaten in naked condition as well as taking note that till date statement of victim has not been recorded and parity cannot be granted of an unreasoned order, prayer for bail is rejected.
9. However, the application is disposed of with direction to Trial Court to record statement of victim, if not already recorded, within a period of eight weeks from today, if there is no other legal impediment. Thereafter applicant is at liberty to file fresh application for bail before Trial Court."
2. In pursuance of aforesaid order of this Court, Trial Court has submitted a report in respect of status of trial that out of five prosection witnesses, four have been examined and only the statement of Investigating Officer is left and for that next date fixed is 3.11.2023.
3. Heard Sri Kailash Pati Singh Yadav, learned counsel for the applicant, Sri A.K.Ojha, learned Brief Holder and perused the record.
4. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.0201 of 2022, under Sections 323, 342, 366, 376 and 504 I.P.C., Police Station-Etmadaula, District-Agra.
5. Learned counsel for the applicant has tried to place before this Court that victim in her detailed cross-examination has made material contradictions to the extent that prosecution might not be able to prove the case beyond reasonable doubt.
6. Learned Brief Holder has pointed out that victim in her examination-in-chief has specifically stated that applicant herein has committed an offence for which he has been charged.
7. I have carefully perused the statement given by victim specifically examination-in-chief wherein she has supported the case of prosecution. So far as contradiction in cross-examination is concerned, this Court cannot go deep into cross-examination to the extent that there are material contradictions or not as it would not only prejudice case of either party but may influence trial court judgment also.
8. In the aforesaid circumstances, I do not find any ground to grant bail. However, this second bail application is disposed of with direction that Trial Court will try to conclude the trial within a period of three months from today."
2. Heard Sri Shiv Shanker Yadav, learned counsel for the applicant and Sri B.P.Singh, learned A.G.A.
3. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.0201 of 2022, under Sections 323, 342, 366, 376 and 504 I.P.C., Police Station-Etmadaula, District-Agra.
4. Learned counsel for the applicant submits that after the aforesaid order, despite period of seven months have expired, but trial has not proceeded and it is still at the same stage and statement of Investigating Officer has not been recorded. Learned counsel for the applicant lastly submits that applicant is in jail since 2.8.2022 i.e. about one year and nine months and there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, she will never misuse her liberty and will co-operate in the trial.
5. Aforesaid submissions is corroborated from the status report submitted by learned Trial Court dated 16.5.2024 that Sub Inspector Manvir Singh (Investigating Officer) has not come forward to depose before learned Trial Court despite coercive measures were taken.
6. In the aforesaid circumstances considering that order of this Court has not been complied with as well as Sub Inspector Manvir Singh (Investigating Officer) has not appeared before learned Trial Court despite coercive measures, therefore, Senior Superintendent of Police, Agra is directed to initiate disciplinary proceedings against Sub Inspector Manvir Singh, (Investigating Officer) of the present case and report thereof shall be submitted to learned Trial Court and in case aforesaid Officer does not appear before concerned learned Trial Court on the next date fixed, learned Trial Court will consider to grant bail to the applicant.
7. Learned Trial Court is further directed to issue Non Bailable Warrant against Sub Inspector Manvir Singh, (Investigating Officer) and Senior Superintendent of Police, Agra is directed to ensure that Non Bailable Warrant be executed and Sub Inspector Manvir Singh, (Investigating Officer) shall remain present before learned Trial Court on the next date fixed which is 1.6.2024.
8. A copy of this order be also sent to Senior Superintendent of Police, Agra for compliance.
9. With the aforesaid direction, this bail application is disposed of.
10. Registrar (Compliance) to take steps.
Order Date :- 22.5.2024
SB
