Sahil v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Civil Sectt. Lko. and 4 Others

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11066 of 2023 Applicant :- Sahil Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Civil Sectt. Lko. And 4 Others Counsel for Applicant :- Gyan Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Sri Pranjal Singh holding brief of Sri Gyan Singh, learned counsel for the applicant, Sri Ran Vijai Singh, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.184 of 2021 under Section 323, 504, 506, 509, 354-A, 376-D IPC, Section 67 of Information and Technology Act, Section 5 (G)/6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) 5, 3 (1) Da, 3 (1) Dha of SC & S.T. Act, PS Kandhai district Pratapgarh.

¶3Learned counsel for the applicant has submitted that PW-2 prosecutrix has been examined before the Trial Court and she has been declared hostile. She has deposed before the Trial Court that no obscene video was made by the accused persons and she did not know them. She has further deposed that statement under Section 164 CrPC was given under the duress of family members and police. Learned counsel for the applicant has further submitted that co-accused Inzamam has been granted bail by this court on 31.7.2023 in Crl. Misc. Bail Application No.3886 of 2023, a copy of bail order is annexed as Annexure No.9 to the bail application. Learned counsel for the applicant has further submitted that co-accused Israt has been granted bail by this Court in Crl. Misc. Bail Application No.1242 of 2023 on 29.8.2023. He has placed a copy of the bail order of the co-accused Israt. He has further submitted that the case of the applicant is at par with the co-accused and he has further submitted that prosecutrix has been declared hostile, therefore, at the moment it cannot be presumed that the applicant has committed crime. He has further submitted that the applicant has no other criminal history and he is in jail since 21.7.2022.

¶4Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the co-accused have been granted bail and the case of the applicant is at par with the co-accused and the prosecurrix has been declared hostile.

¶5Considering over all facts and circumstances of the case, the argument that the co-accused have been granted bail and the case of the applicant is at par with the co-accused, the argument that the prosecurrix has been declared hostile, it is a fit case for bail.

¶6Let the applicant, Sahil 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.

¶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 :- 1.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench