Abid @ Rinku and Another v. State of U.P. and 3 Others

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47163 of 2023 Applicant :- Abid @ Rinku And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Learned A.G.A.has informed that notice has been served upon the opposite party no.4 but no one appears on his behalf. Heard learned counsel for the applicants and learned A.G.A. The instant bail application has been filed on behalf of the applicants, Abid @ Rinku and Deepak Kumar, with a prayer to release them on bail in Case Crime No. 41 of 2023, under Section 376 IPC, 4/5/6 Immoral TrafÏc(Prevention) Act,1956 and 3/4 and 17 POCSO Act Police Station Jaitpura, District-Varanasi, during pendency of trial. There is allegation against the applicants of committing offence of rape of minor girl and implication under the provisions of Immoral TrafÏc(Prevention) Act,1956 and POCSO Act has also been made.Learned counsel for the applicants has submitted that applicants are the employees of a hotel. The allegation initially was that victim was taken to the hotel by co-accused, Prakash andsubjected to prostitution.In the supplementary statement of the victim she stated that applicants did not committed any offence against her while offence was committed by others against her in the hotel. It is a case of false implication. The applicants are in jail since 6.4.2023 and have no criminal history. Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid facts. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed Let the applicants be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶1The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶2The applicants shall cooperate in the trial sincerely without seeking any adjournment.

¶3The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶4That the applicants 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 ofÏcer;

¶5The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

¶6The applicants 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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.11.2023 Atul kr. sri. High Court of Judicature at Allahabad