Shivam v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12196 of 2023 Applicant :- Shivam Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri O.P. Tiwari, learned counsel for the applicant, Shri M.V.S. Chauhan, learned AGA for the State and perused the record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.815 of 2022, under Sections 498-A, 323, 504, 354, 376-D, 452, 352, 506 IPC., Police Station Kotwali Sadar, District Unnao.

¶3Learned counsel for the applicant has invited attention of this Court towards the FIR which indicates that there is no allegation of rape against the applicant and only allegation of molestation has been leveled rather in the FIR, allegation of rape has been levelled against father-in-law. Learned counsel submitted that the statement under Section 164 Cr.P.C. has been improved and she has levelled allegation of rape against the applicant who is dewar as well as co-accused who is father-in-law. Learned counsel has submitted that the father-in-law Bhagwati Prasad @ Aspatai has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 1419 of 2023 vide order dated 13.02.2023. Learned counsel submits that case of the applicant stands on better footing to that of co-accused. The applicant is not named in the FIR, his name has been surfaced in the improved version of the prosecutrix. Learned counsel submitted that due to family dispute, the applicant has been falsely implicated. The applicant has no criminal history. The applicant is in jail since 06.09.2023.

¶4Learned AGA opposed the prayer for bail but could not dispute the fact that co-accused who is father in law has been granted bail by coordinate bench of this court.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking to the argument that co-accused father in law has been granted bail ; argument that the case of the applicant stands on better footing than that of co-accused, argument that there is changed version between the statement of 164 Cr.P.C. and FIR, I find it to be a fit case for grant of bail.

¶6Let the applicant, Shivam 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 him 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.

¶7It 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 :- 12.10.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench