Ghanendra Singh v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33143 of 2023 Applicant :- Ghanendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pratap Kanchan Singh Counsel for Opposite Party :- G.A.,Shailendra Kumar Verma,Vishal Khandelwal Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, Sri Arvind Kumar Pandey, Advocate holding brief of Sri Vishal Khandelwal, learned counsel for the informant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that applicant is the father of co-accused Raja, who is alleged to have taken away the daughter of informant. He submits that in pursuance to the order passed by the Division Bench of this Court on 5.10.2023 in Criminal Misc. Writ Petition No.14266 of 2023 (Smt. Preeti and another Vs. State of U.P. and 2 others), the daughter of informant had appeared before the court concerned on

12.10.2023 and her statement under Section 164 Cr.P.C. has been recorded. As per order dated 12.10.2023, the court below has recorded a finding that daughter of the informant is major. He submits that in statement under Section 164 Cr.P.C., the victim has stated that she wants to live with co-accused Raja. The applicant has no criminal history. Applicant is languishing in jail since

28.4.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned counsel for the informant does not dispute the aforesaid fact that the victim has appeared before the court concerned and her statement under Section 164 Cr.P.C. has been recorded. He also does not dispute the fact that the victim in statement under Section 164 Cr.P.C. has stated that she wants to live with co-accused Raja, who is the son of applicant. He submits that in view of the statement under Section 164 Cr.P.C., he would have no objection, in case, the applicant is enlarged on bail.

¶5Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶6Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶7It is not the case of the State that there is a possibility of interdicting fair trial by the accused-applicant if released on bail. No material has been shown that the Applicant is of such character that his mere presence at large would intimidate the witnesses or there is any material to show that applicant will use his liberty to subvert justice or tamper with the evidence.

¶8The object of the bail is to secure the attendance of the accused, the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Learned A.G.A. has not brought any facts and circumstances to demonstrate that the character of the accused-applicant (s) is such that his mere presence at large would intimidate the witness.

¶9Learned A.G.A. has not placed any reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State will be at peril in case the Applicant is released on bail.

¶10It is not the case of the State that the applicant has been convicted for any offence on previous occasion.

¶11No material has been placed by the opposite party that the Applicant in the past has attempted to evade the process of law. Further, no material facts and circumstances have been placed to show that it is not in public interest or interest of society at large to release the applicant on bail.

¶12No material has been shown to suggest that the applicant is at flight risk, has chance of repeating the offence, or intimidating the witness if enlarged on bail.

¶13In the present case, it is to be seen that applicant is the father of co-accused Raja, who is alleged to have taken away the daughter of informant. The daughter of informant had appeared before the court concerned on 12.10.2023 and her statement under Section 164 Cr.P.C. has been recorded where the victim has stated that she wants to live with co-accused Raja. The court below has recorded a finding that daughter of the informant is major. The applicant has no criminal history. Applicant is languishing in jail since 28.4.2023

¶14Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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.

¶15Let the applicant Ghanendra Singh involved in Case Crime No.147 of 2023, under Sections 366, 368 IPC, Police Station Tappal, District Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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 or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.

¶16In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 18.10.2023/D. Tamang High Court of Judicature at Allahabad