Sohan Lal v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and 3 Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2364 of 2023 Applicant :- Sohan Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And 3 Others Counsel for Applicant :- Jai Kishan Arora,Jaydeep,Shailendra Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Supplementary afÏdavit filed by learned counsel for applicant is taken on record.

¶2The order of this Court dated 16.02.2023 indicates that service has been effected on opposite party no. 2 by the S.H.O. concerned, but none has appeared on behalf of opposite party no. 2.

¶3Heard Shri Shailendra Vikram Singh, learned counsel for the accused-applicant as well as Shri Shani Pratap Singh, Brief Holder for the State and perused the record.

¶4This bail application has been filed seeking release of the accused/applicant Sohan Lal on bail, who is involved in Case Crime No. 107 of 2022 under Sections 363, 366, 376 I.P.C and 3/4 POCSO Act, Police Station Bakshi Ka Talab, District Lucknow.

¶5Learned counsel for the applicant has invited attention of Court towards the statement of P.W.-1, prosecutrix, recorded before the trial Court wherein she has deposed that her father had lodged false First Information Report. She has denied the entire version of the prosecution case and she even denied her signature. She further deposed that she had given her statement under the pressure exerted by the Police and had given false statement. She further stated that she was not even medically examined and she has been declared hostile.

¶6Learned counsel for applicant further stated that after the statement of P.W.-1, various dates have been fixed by the court below but the father of the prosecutrix has not appeared for recording his statement before the trial Court. The said fact has been stated in paragraph 3 of the supplementary afÏdavit filed today before the Court. He further stated that after considering the statement of P.W.- 1, it cannot be presumed that the applicant is guilty in any manner and also that there is no likelihood that the trial will be concluded in the near future. The applicant is innocent and has been falsely implicated in this case. Learned counsel for the applicant further stated that there is no previous criminal history of the applicant and he is languishing in jail since 06.04.2022.

¶7Learned A.G.A has opposed the prayer of bail of the applicant but could not dispute the fact that the prosecutrix has been declared hostile before the trial Court.

¶8Considering the facts and circumstances of the case, perusing the record, also considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that the prosecutrix has become hostile and has not supported the prosecution case, I find it to be a fit case for grant of bail.

¶9Accordingly, the bail application is allowed.

¶10Let the applicant Sohan Lal be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) 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.

(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 sufÏcient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

(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. is issued and the 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 of the Indian Penal Code.

(iv) 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 sufÏcient 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.

¶11It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 10.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench