Allowed

Bhure v. State of U.P.

Allahabad HC9 Apr 2018BAIL/12066/2018

Case brief

AI extract

What is this about?

Court granted bail to the applicant charged under Sections 452 and 376 IPC. The court found it a fit case for bail despite the victim's shifting stand regarding the identity of the assailant, without finally expressing an opinion on the merits of the case.

What did the court decide?

The applicant was released on bail upon executing a personal bond and furnishing two sureties with specific conditions to appear in court.

Bhure Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 54

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12066 of 2018

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Applicant :- Bhure Opposite Party :- State Of U.P. Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

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By means of this application, the applicant who is involved in case crime no.337 of 2017, under Sections 452, 376 IPC, P.S. Usawan, District Budaun is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the victim is aged about 25 years of age and a married woman and when her husband went to fetch the gas cylinder, meanwhile accused applicant Bhure has entered into her house and tried to outrage her modesty, meanwhile her husband came back to the house and applicant fled away from the house. The victim in her statement under Section 161 Cr.P.C. states that the applicant is her 'dewar' and she in her statement under Section 164 Cr.P.C. in a dramatic deposition states that one unknown person entered into her house and putting mask over his face and committed rape with her, it is her neighbours who revealed the identity of the assailant as Bhure. He lastly submitted that the applicant is in jail since 06.01.2018 is entitled to be enlarged on bail during the pendency of trial. All these factors do not generate confidence in the court in the light of shifting stand of the victim and thus he is entitled to be enlarged on bail.

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Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.

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Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.

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In view of the above, let the applicant- Bhure be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no.337 of 2017, under Sections 452, 376 IPC, P.S. Usawan, District Budaun with the following conditions:-

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(i) THE APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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.

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(ii) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT

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BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229A IPC.

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(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANTS ARE 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 THEM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.

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However, it is made clear that any violation of above conditions by the applicant/applicants, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

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Order Date :- 9.4.2018 Abhishek Sri.

Bhure v. State of U.P.

Case brief

What is this about?

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Bhure v. State of U.P.

Case brief

What is this about?

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