Sujeet Pal v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14102 of 2023 Applicant :- Sujeet Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri Hari Shanker Maurya, 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 FIR No.3 of 2023 under Section 376-D, 506 IPC PS Asiwan, district Unnao.

¶3Learned counsel for the applicant has submitted that statement of PW-1 prosecutrix has been examined by the Trial Court and she has been declared hostile and she has not supported the prosecution case. She has deposed before the Court that two unknown persons had abducted her and rape was committed by them in the dark hour and they ran away from the place of occurrence. She further deposed that she did not identify the persons who committed rape against her. She deposed that whatever was told by the police, she had stated before the Magistrate and her signature was obtained on blank paper. She has also denied the statement under Section 161 CrPC and deposed that at the behest of villagers, she had given statement under Section 161 CrPC. She further deposed that the applicant did not do anything wrong against her.

¶4Learned counsel for the applicant has further submitted that after looking into the statement of the prosecutrix, at the moment it cannot be inferred that the applicant was involved in commission of crime. He has further submitted that co-accused Surendra alias Surendra Kumar Pal has been granted bail by this Court in Crl. Misc. Bail Application No.8481 of 2023 on 22.8.2023 and allegation of rape was also levelled against him in the FIR as well as as under Section 161 CrPC. He has submitted that the applicant has no criminal history and he is in Jail since 7.3.2023.

¶5Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact that the prosecutrix has been declared hostile and the co-accused has been granted bail against whom allegation of rape has been levelled.

¶6Considering over all facts and circumstances of the case, the argument that prosecutrix has been declared hostile and she has not supported the prosecution case, the argument that co-accused against whom allegation of rape was levelled, has been granted bail, it is a fit case for bail.

¶7Let the applicant, Sujeet Pal 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.

¶8It 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 :- 30.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench