Taukeer v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15060 of 2023 Applicant :- Taukeer Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of 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 Hari Shanker Maurya, 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.321 of 2023 under sections 342, 376, 506 IPC, Police Station Laherpur, District Sitapur.

¶3It has been submitted by learned counsel for the applicant that the prosecutrix aged about 35 years, has lodged FIR mentioning therein that on 21.05.2023 she was sleeping on roof top alongwith her children and his mother and thereafter when she came down to drink water, the applicant overpowered her and took her to his room and committed rape upon her. Learned counsel for the applicant has submitted that in the statement recorded under section 164 Cr.P.C. the prosecutrix has reiterated the same version of the FIR. Learned counsel for the applicant has submitted that admittedly in the FIR, the house of the accused-applicant as well as the house of the prosecutrix are made under Kashiram Scheme for poor people and the locality is over populated and it is multistory building but no alarm was raised by the prosecutrix when the applicant was committing rape upon her. It has been submitted by learned counsel for the applicant that admittedly, in the house of prosecutrix mother and and her children were sleeping but no alarm was raised, similarly in the house of accused-applicant, his mother was also there. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case for the reason that some dispute was going on between the parties and both are neighbor. Learned counsel for the applicant has further submitted that medical report is not supporting the prosecution case because no internal or external injury is found except the hymen was torn. He has submitted that the prosecutrix is married lady,therefore, naturally hymen was in torn position.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

23.05.2023.

¶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 locality is overpopulated and there are family members in the house of the prosecutrix but no alarm was raised, the argument that the due to enmity the applicant has been falsely implicated and the argument that medical report is not supporting the prosecution case, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Taukeer, 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 :- 20.12.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench