Sanjay v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41510 of 2023 Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar,Praveen Kumar,Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.,Jamaluddin Mohd. Nasir Hon'ble Siddharth,J.

¶1Heard learned counsel for the applicant; Mohd. Najim, Advocate, holding brief of Sri Jamaluddin Mohd. Nasir, learned counsel for informant as well as the learned AGA for the State and perused the material placed on record.

¶2The instant bail application has been filed on behalf of the applicant, Sanjay, with a prayer to release him on bail in Case Crime No. 415 of 2023, under Sections 376, 504, 506, 328 IPC, Police Station - Teela Mod, District-Ghaziabad, during pendency of trial.

¶3There are allegations against the applicant of committing the offences of rape, criminal intimidation and intoxication of a major girl aged about 25 years.

¶4Learned counsel for the applicant has submitted that it appears from the record that victim and the applicant were working at MacDonald Restaurant where they developed intimacy and it is alleged that the applicant had entered into physical relationship with victim on false promise of marriage, which he did not honored. Subsequently, FIR has been lodged. Learned counsel for applicant has further submitted that in the statements of victim recorded under Sections 161 and 1645 Cr.P.C., and also in the medico legal examination of victim no sign of pregnancy was found. Both the statements of victim are contradictory in nature. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since

02.08.2023. The trial in the aforesaid case is not likely to be concluded in near future.

¶5Learned A.G.A. and learned counsel for informant have vehemently opposed the prayer for bail of the applicant and submitted that the applicant has violated the victim on false promise of marriage and spoiled her life and he is not entitled to be enlarged on bail. In case the applicant is released on bail, she will again indulge in similar activities and will misuse the liberty of bail.

¶6The Apex Court in the cases of Sonu @ Subhash Kumar Vs. State of Uttar Pradesh and another, 2021 0 Supreme (SC) 182, Promod Suryabhan Pawar Vs. State of Maharastra and others, MANU/SC/1142/2019, Dhruvaram Murlidhar Sonar Vs. State of Maharastra and others, MANU/SC/1518/2018, Naim Ahamed Vs. State (NCT of Delhi), Criminal Appeal No. 257 of 2023, Shambhu Kharwar Vs. State of Uttar Pradesh and another, 2022 Lawsuit(SC)973 has held that entering into physical relationship on false promise of marriage does not amounts to commission of offence of rape.

¶7Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in 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 case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.

(v) 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.

¶8In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶10The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year.

¶11Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days. Order Date :- 13.12.2023 Abhishek High Court of Judicature at Allahabad High Court of Judicature at Allahabad