Jaglal v. State of U.P. and Another

Court No. - 65 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 499 of 2023 Applicant :- Jaglal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laukendra Singh,Dharmendra Kumar Dohare,Gyanesh Singh Counsel for Opposite Party :- G.A.,Om Prakash,Syed Mohammad Abbas Abdy,Vibhuti Prasad Hon'ble Rajeev Misra,J.

¶1Heard Mr. Dharmendra Kumar Dohare, the learned counsel for applicant, the learned A.G.A. for State and Mr. Ranjeet Kumar, Advocate, holding brief of Mr. Syed Mohammad Abbas Abdy, the learned counsel representing accused/opposite party-2.

¶2Perused the record.

¶3This bail cancellation application has been filed by first informant-Jaglal seeking cancellation of bail granted to accused/opposite party-2, Ashok 2 Baldev @ Ashok Kumar by this Court vide order dated 13.04.2022 passed in Criminal Misc. Bail Application No. 44223 of 2021 (Ashok @ Baldev @ Ashok Kumar Vs. State of U.P. and another). For ready reference, the same is reproduced herein-under:- "Heard learned counsel for the applicant and learned counsel for the complainant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of this Court towards annexure-6 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein the victim has stated that the applicant enticed her to Orisa and committed rape on her alongwith two other co-accused; she further stated that some dispute with regard to land was going on between them. It is further submitted that the medical report of the victim does not corroborate with the prosecution story. It is further submitted that the fact of the case are that applicant and the prosecutrix were in love and they performed their marriage in a temple, which is evident from the photographs of marriage of the applicant, reference in this regard is made to annexure-2 to the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since

7.9.2020. It has been pointed out that the applicant has no criminal history. Learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail. Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case. Let the applicant Ashok @ Baldev @ Ashok Kumar involved in Case Crime No.0162 of 2020, under Sections 363, 366, 376, 323, 504, 506 I.P.C. and Section 3/4 of the Protection of Children From Sexual Offence Act, Police Station Nawabganj, District Prayagraj be released on bail on his furnishing a personal bond with two sureties (one should of family member) each in the like amount to the satisfaction of the court concerned with the following conditions.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) 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. is issued and the 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 of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 13.4.2022 "

¶4Present application for cancellation of bail has been filed in A cavalier fashion There is no document in the affidavit filed in support of present bail cancellation application of accused opposite party-2 that either he has jumped or has terrorized the witnesses. Apart from above, the Court finds that the prosecutrix has solemnized marriage with accused opposite party-2 as is clearly evident from the recital contained in the bail order passed in favour of accused-opposite party-2. No material has been brought on record to the effect that any proceeding has been initiated by the prosecutrix for declaration of her marriage with accused/opposite party-2 as void.

¶5Having heard the learned counsel for applicant, the learned A.G.A. for State, the learned counsel representing accused/opposite party-2 and upon consideration of material brought on record, this Court finds that upto this stage no such incriminating material has emerged on the basis of which it can be definitely concluded that accused/opposite party-2 has either jumped the bail or he has been terrorizing the witnesses. In view of above, no good or sufficient ground has emerged to cancel the bail granted to accused/opposite party-2.

¶6As a result, present bail cancellation application is misconceived and is liable to be rejected.

¶7It is accordingly rejected. Order Date :- 3.11.2023 YK High Court of Judicature at Allahabad