Mahendra Pratap Singh v. State of U.P. Thru. Prin. Secy. Home, Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12325 of 2023 Applicant :- Mahendra Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri V. K. Yadav, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 104 of 2023, under sections 452, 376, 506 IPC, Police Station Behta Mujavar District Unnao.

¶3Learned counsel for the applicant has invited attention of this Court towards the statement of the prosecutrix recorded under section 164 Cr.P.C. in which she has deposed before the court that she was 26 years of age and the applicant was known to her since 2011. She also deposed that on the pretext of marriage, the applicant had established physical relation. Learned counsel for the applicant has further submitted that in the FIR lodged by the prosecturix, she has mentioned that date of incident of rape is

20.07.2019. It has been submitted by learned counsel for the applicant that much belated FIR has been lodged i.e. near about 4 years and it is a case of consent. Learned counsel for the applicant has further submitted that the applicant has refused for internal and external medical examination, the same has been annexed as Annexure no.3 to the affidavit filed in support of the bail application.The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 16.07.2023.

¶4Learned A.G.A. though opposed the prayer for bail but could not dispute the aforesaid facts.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that prosecutrix has refused for internal and external medical examination and the argument that there is about 4 years delay in lodging the FIR, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Mahendra Pratap Singh, 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 sufficient 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 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. It 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 :- 17.10.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench