Shakeel v. State of U.P. Thru. Prin. Secy. Home

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13073 of 2024 Applicant :- Shakeel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Dheerendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

¶1Heard Sri Dheerendra Kumar Singh, learned counsel for the applicant and Smt. Sudha Sharma, learned AGA for the State.

¶2As per learned counsel for the applicant, the present applicant is in jail since 14.10.2024 in Case Crime No.334 of 2024, under Sections 137 (2), 87 & 64 of B.N.S., Police Station – Neemgaon, District – Lakhimpur Kheri.

¶3Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein date of incident has been indicated as 11.10.2024 but the FIR has been lodged on

13.10.2024. In the FIR, allegation has been levelled only against two accused persons regarding Sections 137 (2) & 87 of B.N.S. as no allegation of rape has been levelled. While recording her statement under Section 180 of B.N.S.S., the prosecutrix levelled allegation of rape against the present applicant. However, while recording her statement under Section 183 of B.N.S.S., though the same has not been filed, but in the case diary, such statement is available, which shows that the prosecutrix has not levelled any allegation of rape against the present applicant. He has further submitted that the prosecutrix has denied the medical examination though it was necessary. There are apparent variations in the prosecution story. Charge sheet has been filed. The present applicant is having no prior criminal history of any kind whatsoever. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

¶4Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

¶5Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that there is delay of two days in lodging the FIR; there are apparent variations in the prosecution story as the prosecutrix levelled allegation of rape against the present applicant in her statement recorded under Section 180 of B.N.S.S. but in the statement recorded under Section 183 of B.N.S.S., she has not levelled any allegation of rape against the applicant; the prosecutrix has denied medical examination; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

¶6Accordingly, the bail application is allowed.

¶7Let applicant-Shakeel be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 269 of the B.N.S., 2023.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 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 208 of the B.N.S., 2023.

(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 351 of the B.N.S.S., 2023. 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.

(v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 18.12.2024 RBS/- High Court of Judicature at Allahabad, Lucknow Bench