Sumitpal v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38975 of 2023 Applicant :- Sumitpal Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Mohd. Ashraf, learned counsel for the applicant, Sri Virendra Pratap Singh, 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 Sumitpal, seeking enlargement on bail during trial in connection with Case Crime No. 293 of 2023, under Sections 376(D), 506 I.P.C., registered at Police Station Faridpur, District Bareilly.

¶4The FIR of the matter was lodged on 08.06.2023 by the victim herself against the applicant and Sanjay alleging therein that on

08.06.2023 the accused persons called her for reading prayer of Bhagwat and took her on a motorcycle. They took her near in a field where she was taken in sugarcane field and co-accused Sanjay committed rape upon her. The applicant was standing at guard at that moment. The applicant also stated of committing rape upon her but she started shout on which people of nearby came there. Police of Dial 112 was called by someone.

¶5Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the role assigned to the applicant is of taking the victim with co-accused Sanjay on a motorcycle and then standing at guard when co-accused Sanjay was committing rape. It is argued that in the FIR there is no allegation of the applicant committing rape upon her. It is argued that the victim is aged about 23 years as disclosed by her in her statement under Section 161 Cr.P.C. It is argued that the case of the applicant is distinguishable with that of co-accused Sanjay. He further argued that the applicant has no criminal history as stated in para 16 of the affidavit and is in jail since 09.06.2023.

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

¶7After having heard learned counsels for the parties and perusing the records, it is evident that no allegation of the applicant committing rape upon the victim. The allegation of committing rape on the victim is on co-accused Sanjay. The case of the applicant is distinguishable with that of co-accused Sanjay.

¶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 Sumitpal, 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 :- 24.11.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad