In a bail application by Omveer accused of rape under Section 376 IPC, the Single Judge noted a prima facie case and approved bail on personal bond with sureties, enforcing attendance conditions and distinguishing the applicant from a co-accused.
Released on personal bond with two sureties; to appear on all dates including framing of charge and Section 313 Cr.P.C.
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Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23451 of 2018
Applicant :- Omveer Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Pankaj Satsangi, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the victim is major aged about 18 years and as per report of Section 164 Cr.P.C, photographs of the victim has been taken by the applicant along with co-accused Akhilesh committed rape on her. Learned counsel for the applicant further submits that the applicant has been falsely implicated in the present case. The applicant has no other reported criminal antecedent. The applicant is in jail since 5.5.2017.
Learned A.G.A. opposed the prayer for bail..
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Omveer involved in Case Crime No. 63 of 2017 under Sections 376, 323,120B IPC, Police Station Usawan, District Budaun be released on bail on his furnishing a personal bond with 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 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 174A 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.
The case of the applicant is distinguishable from co-accused Akhilesh.
Order Date :- 26.6.2018 Akram
2 issues framed by the court
Whether the applicant is entitled to bail given the nature of accusation and prima facie satisfaction of the Court.
Whether the applicant is distinguishable from the co-accused Akhilesh.
5 provisions across 2 enactments
Omveer
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
