Suhel Alias Babloo v. State of U.P. and 3 Others

Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44897 of 2023 Applicant :- Suhel Alias Babloo Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. A.K. Mishra, the learned counsel for applicant and the learned A.G.A. for State. This application for bail has been filed by applicant Suhel Alias Babloo seeking his enlargement on bail in Case Crime No. 118 of 2021, under sections 323, 363, 376, 504, IPC and Section 5/6 POCSO Act, Police Station-Amroha Dehat, District Amroha during the pendency of trial. Perused the record. At the very outset, learned A.G.A. submits that notice of present application for bail has been served upon first informant/opposite party-4 on 16.10.2023. However, inspite of service of notice, no one has put in appearance on behalf of first informant/opposite party-4 to oppose the present application for bail. Learned counsel for applicant submits that applicant is innocent. He has been falsely implicated in aforesaid case crime number. No F.I.R. was lodged by prosecutrrix or the parents of prosecutrix. The F.I.R. giving rise to criminal proceedings was lodged by Aunt of the applicant. Attention of the Court was then invited to the statement of the prosecutrix recorded under section 164 Cr.P.C. wherein she has categorically stated that she was in relation with the applicant and from aforesaid a child was born. As per her date of birth certificate the date of birth of prosecutrix is 8.7.2004. As such prosecutrix is major. It is urged that no offence has been committed by applicant. Even otherwise, applicant is a man of clean antecedents inasmuch as he has no criminal history to his credit except the present one. Applicant is in jail since 23.8.2023. As such, he has undergone more than one month of incarceration. The police report in terms of Section 173 (2) Cr.P.C. has already been submitted against applicant, as such, the entire evidence sought to be relied upon by prosecution against applicants stands crystalized. However, upto this stage no such circumstance has emerged on the record necessitating custodial arrest of applicant. It is thus urged that applicant is liable to be enlarged on bail. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with trial. Per contra, the learned A.G.A. has opposed the prayer for bail. They submit that since applicant is a named as well as charge sheeted accused, therefore he does not deserve any indulgence by this Court. However, learned A.G.A. could not dislodge the factual/legal submissions urged by learned counsel for applicant with reference to record at this stage. Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, evidence, nature and gravity of offence as well as complicity of applicant, accusation made coupled with the fact the prosecutrix in her statement under section 164 Cr.P.C. has not supported the F.I.R. from the relationship of the applicant and the prosecutrix, a baby girl was born five months ago, no F.I.R. was lodged by the prosecutrix or the parents of the prosecutrix, prosecutrix is major, as per school certificate, the date of birth of the prosecutrix is

8.7.2004, the FI.R. was lodged on 22.3.2023, as such, prosecutrix was aged about more than 18 years, the clean antecedents of applicant, period of incarceration undergone, police report in terms of Section 173 (2) Cr.P.C. has already been submitted against applicant, as such, the entire evidence sought to be relied upon by prosecution against applicants stands crystalized, inspite of above, learned A.G.A. could not point out any such circumstance from the record necessitating custodial arrest of applicant, therefore irrespective of the objection raised by the learned A.G.A. in opposition to the present application for bail, but without making any comment on the merits of the case, the applicant has made out a case for bail. Accordingly the bail application is allowed. Let the applicant-Suhel Alias Babloo 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 SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/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.

(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.

(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/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 HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

(iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW.

(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT. However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above. Order Date :- 26.10.2023 Arshad High Court of Judicature at Allahabad