Mohan v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13059 of 2024 Applicant :- Mohan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Indra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1.Heard Sri Indra Pratap Singh, learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State.

¶2As per learned counsel for the applicant, the present applicant (Mohan) is languishing in jail since 22.10.2024 in Case Crime No.307 of 2024, under Sections 64, 351 (2) & 131 of Bharatiya Nyaya Sanhita, 2023 (henceforth referred to as the "B.N.S."), Police Station-Jalalpur, District-Ambedkar Nagar.

¶3Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

¶4Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the date of incident has been indicated as 11.08.2024 whereas the impugned F.I.R. has been lodged on 13.08.2024 without explaining the delay. In the F.I.R., no allegation of rape has been levelled against the present applicant. Therefore, the F.I.R. has been lodged under Sections 74 & 352 B.N.S. in which the present applicant has been granted bail by the learned court below on 19.10.2024. While recording the statement of the prosecutrix under Section 180 B.N.S.S., she has not levelled any allegation of rape against the present applicant. However, while recording her statement under Section 183 B.N.S.S., the prosecutrix has levelled allegation of rape against the present applicant.

¶5Learned counsel for the applicant has stated that the prosecution story is concocted as he has filed the statement of the witnesses wherein the allegations, so levelled in respect of rape against the present applicant, has not been substantiated. Sri Singh has further submitted that the prosecutrix has denied the medical examination though it was necessary.

¶6Learned counsel for the applicant has stated that the charge-sheet has been filed in this case. There is no criminal history of any kind whatsoever against the present applicant. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly.

¶7On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant.

¶8Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the date of incident has been indicated as 11.08.2024 whereas the impugned F.I.R. has been lodged on 13.08.2024 without explaining the delay; in the F.I.R. no allegation of rape has been levelled against the present applicant; the charge-sheet has been filed in this case; the applicant is having no prior criminal history and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate with the investigation/ trial proceedings and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

¶9Accordingly, the instant bail application is allowed.

¶10Let the applicant (Mohan) 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 229-A IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./351 of 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. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 18.12.2024 Suresh/ High Court of Judicature at Allahabad, Lucknow Bench