Neeraj Jaiswal v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44376 of 2023 Applicant :- Neeraj Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Anurodh Tripathi,Abhishek Chauhan,Sarvottam Kumar Saini Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Abhishek Chauhan, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Neeraj Jaiswal, seeking enlargement on bail during trial in connection with Case Crime No. 183 of 2023, under Sections 323, 328, 376, 506 I.P.C., registered at Police Station Obra, District Sonbhadra.

¶4Learned counsel for the State submits that he has received instructions for which he was granted time vide order dated

18.10.2023

¶5The FIR of the matter was lodged on 12.08.2023 by the victim herself against the applicant alleging therein that the applicant who is her neighbour came to her house on 08.08.2023 at 11:30 pm wherein he mixed some sleeping pills in the liquor of her husband who after consuming it went of to sleep after which the applicant forcefully committed rape on her. On opposing it he assaulted her on which she received injuries on her body. She informed the police Dial No. 112 but no action was taken. The FIR has thus been lodged.

¶6Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a married major woman. It is argued that the medical examination of the victim does not support the prosecution case as there is no opinion regarding any sexual assault. It is argued that the applicant and the husband of the first informant/victim are best friends and used to drink regularly together due to which there was some dispute between the applicant and the family members of the first informant regarding the same as such the applicant has been implicated in the present case. He further argued that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 13.08.2023.

¶7Per contra, learned counsel for the State opposed the prayer for bail.

¶8After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a married major woman. It is argued that the medical examination of the victim does not support the prosecution case as there is no opinion regarding any sexual assault.

¶9Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶10Let the applicant Neeraj Jaiswal, 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 he 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 his 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, 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 him in accordance with law and the trial court may proceed against him 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.

¶11The 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.

¶12The bail application is allowed. Order Date :- 2.11.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad