Puran Singh v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48713 of 2023 Applicant :- Puran Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kundan Rai,Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Kundan Rai, learned counsel for the applicant and 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-Puran Singh, seeking enlargement on bail during trial in connection with Case Crime No. 377 of 2023, under Sections 323, 354, 354-Kha, 376, 506 I.P.C., Police Station Khair, District Aligarh.

¶4The first information report of the present matter was lodged on 01.06.2023 under under Sections 323, 354, 354-Kha, 506 I.P.C. by the victim herself against the applicant alleging therein that on 31.05.2023 at about 7.45 p.m. she has gone to the filed to ease herself where the applicant came, gagged her mouth and enraged her modesty. He assaulted her and dragged her. On hearing her shout other woman who were also going to ease themselves came there and on seeing them the applicant ran away by extending threats.

¶5Learned counsel for the applicant argued that the same version as stated in the first information report was reiterated by the victim in her statement recorded under Section 161 Cr.P.C. It is argued that subsequently for the first time in the statement of the victim recorded under Section 164 Cr.P.C. she states of the applicant committing rape upon her. He threatened her with a knife also. It is argued that the same is an afterthought just in order to falsely implicate and harass the applicant. It is argued that during investigation Section 376 I.P.C. was added in it. Learned counsel has further argued that the first informant / victim is a major married woman. It is argued that charge-sheet in the matter has been submitted and as such there no chances of the applicant tampering with the evidence or threatening the witnesses. The applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 28.07.2023

¶6Per contra, learned counsel for the State opposed the prayer for bail.

¶7After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major married woman. The allegation regarding rape is not stated in the first information report lodged by the victim and also in her statement recorded under Section 161 Cr.P.C. Subsequently in her statement recorded under Section 164 Cr.P.C. she states of the applicant committing rape upon her. She refused her internal medical examination.

¶8Looking 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.

¶9Let the applicant-Puran Singh, 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.

¶10The 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.

¶11The bail application is allowed. Order Date :- 16.11.2023/AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad