Ajeet v. State of U.P

Co

urt No. - 64

Case :-CRIMINAL MISC. BAIL APPLICATION No. -47904 of 2023 Applicant :-Ajeet Opposite Party :-State of U.P. Counsel for Applicant :-Satish Kumar Shukla Counsel for Opposite Party :-G.A.,Anil Kumar Hon'ble Siddharth,J. Heard learned counsel for the applicant; Sri Anil Kumar, learned counsel for iformant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Ajeet, with a prayer to release him on bail in Case Crime No. 230 of 2023, under Sections-354-B, 376, 323, 504 and 506 IPC, Police Station-Sahawar, District-Kasganj, during pendency of trial. There are allegations against the applicant of committing the offences of rape, sexual molestation, criminal intimidation, intentional insult and causing hurt to the victim. Learned counsel for the applicant has submitted that the victim has admitted in her statement under Section 164 Cr.P.C., that she used to talk with the applicant prior to her marriage. It is alleged that the applicant had taken obscene photographs and videos of the victim and the same was sent on mobile phone of victim's husband and applicant threatened her to make the same viral. Learned counsel for the applicant has submitted that it is a case of false implication. No such video of victim was recovered by the investigating officer. The victim is major woman and has falsely implicated the applicant in this case. She has refused her medical examination. The applicant has no criminal history to his credit and he is languishing in jail since 01.08.2023. The trial in the aforesaid case is not likely to be concluded in near future. Learned AGA and learned counsel for informant have vehemently opposed the prayer for bail of the applicant and they have submitted that no evidence regarding the recovery of any such video has been brought on record by the investigating officer. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. Having 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 15.12.2023 Abhishek High Court of Judicature at Allahabad