Sonu v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52381 of 2023 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar,Sanjay Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. Learned counsel for the applicant further submits that initially F.I.R. was lodged under Sections 452, 323, 354, 354-Ba I.P.C. against the applicant and two other accused, with the allegation that on the date of incident accused persons named in the F.I.R. came into her house and while assaulting her along with her brother and sister, they torn her clothes too. Learned counsel for the applicant further submits when the statement of victim was recorded under Section 161 Cr.P.C. she has developed her case by stating that applicant had committed her rape, whereas in her statement recorded under Section 164 Cr.P.C. the victim has made allegation of rape against the applicant and the co-accused, Pankaj. Learned counsel for the applicant further submits that when the applicant was arrested he applied for bail before the court concerned and he was granted bail for the offence under Sections 452, 323, 354, 354-Ba I.P.C. vide order dated 30.11.2018 in the same crime. Learned counsel for the applicant further submits after thorough investigation the Investigating Officer submitted charge sheet No. 69 of 2019 dated 01.12.2019 in added Section 376-D I.P.C. too against the applicant, thus, he applied for bail before the court concerned which was rejected vide order dated 23.11.2023. Learned counsel for the applicant further submits that after filing of charge sheet in added Section 376-D I.P.C., the victim has not been medically examined, therefore, there is no medical evidence on record to prove the prosecution case. Learned counsel for the applicant further submits that at the time of incident the victim was aged about 20 years, thus, she was major, there is no eye witness of the incident and applicant has falsely been implicated. Learned counsel for the applicant further submits that similarly circumstanced co-accused, Pankaj, against whom allegation of rape has been made by the victim and against whom charge sheet has also been filed under Section 376-D I.P.C. along with other sections, has already been granted bail by a coordinate Bench of this Court vide order dated 27.02.2020 passed in Criminal Misc. Bail Application No. 6875 of 2020 and the case of applicant is not on the worse footing than that of the co-accused, Pankaj, as same allegation of rape has been made by the victim in her statements against both of them. Learned counsel for the applicant further submits that the present bail application has been filed by the applicant to enlarge him on bail in the added offence under Section 376-D I.P.C. in the same crime. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 25.11.2018, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, but he has not disputed that initially the applicant has been enlarged on bail by the court concerned in other sections mentioned in the F.I.R. in the same crime.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Sonu, involved in Case Crime No. 0659 of 2018, under Section 376-D I.P.C., Police Station Kithore, District Meerut, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(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.

¶6The 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 in accordance with law.

¶7The bail application is allowed. Order Date :- 14.12.2023 Mustaqeem. High Court of Judicature at Allahabad