Satrohan Alias Bittan S/O Sri Keshan Lal v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9094 of 2022 Applicant :- Satrohan Alias Bittan S/O Sri Keshan Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajneesh Kumar Verma,Raghvendra Singh,Rajendra Prasad Mishra,Surendra Pratap Singh Counsel for Opposite Party :- G.A.,Shabana Rizvi,Syed Ehsan Abbas Hon'ble Dinesh Kumar Singh,J.

¶1Heard Shri Rajendra Prasad Mishra, learned Counsel for the applicant, Ms. Shabana Rizvi, learned Counsel for the complainant and Shri Ran Vijay Singh, learned A.G.A. for the State and perused the record.

¶2The present application under Section 439 Cr.P.C. has been filed on behalf of the accused-applicant in Case Crime No.175 of 2022 under Sections 323, 376 and 506 I.P.C., Police Station-Jankipuram, District-Lucknow, with prayer to enlarge him on bail.

¶3As per the allegations in the F.I.R. on 04.06.2022 at around 2:30 AM when the victim came out of her house to ease herself at that time the accused-applicant caught her from the back and gagged her mouth and raped her.

¶4The prosecutrix is a married woman. She was married for three years before the date of incident. She has been examined in the trial court and in her evidence she has herself stated that her husband is incapable of producing a child from her. The accused-applicant is in jail since 05.06.2022 and is aged about 22 years whereas the prosecutrix is aged about 30 years.

¶5Considering these facts and the fact that the prosecutrix has already been examined in the trial court, this Court deems it appropriate to enlarge/release the accused-applicant on bail.

¶6In view thereof, the present application is allowed.

¶7Let the applicant-Satrohan Alias Bittan S/O Sri Keshan Lal, who is involved in aforementioned case 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 subject to following conditions.

(i) 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.

(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

(iii) 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 IPC.

(iv) 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.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Dinesh Kumar Singh, J.) Order Date :- 20.6.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench