Allowed

Harishchand @ Ande v. State of U.P. and Anr.

Allahabad HC20 Aug 2018CRLA/3467/2018

Case brief

AI extract

What is this about?

A Single Bench allowed an appeal under Section 14-A(2) of the SC/ST Act, setting aside the rejection of bail. The court granted bail to the appellant subject to specific conditions regarding attendance and non-abuse of liberty.

What did the court decide?

Impugned order dated 12.4.2018 set aside; appellant released on bail with personal bond and two sureties subject to conditions.

Harishchand @ Ande Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL APPEAL No. - 3467 of 2018

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Appellant :- Harishchand @ Ande Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Satya Priya Mishra,Sudhir Kumar Singh Counsel for Respondent :- G.A.,Atul Kumar Pandey

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Hon'ble Rajul Bhargava,J.

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Heard Sri Nitin Kumar holding brief of learned counsel for appellant, Sri Atul Kumar Pandey, counsel for respondent no. 2, learned A.G.A. for the State-Respondent and perused the paper book.

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This Criminal Appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed questioning the correctness of the order 12.4.2018 passed by Additional Session Judge, Court no. 4, Maharajganj, u/s 376, 511, 504, 506, 323 IPC and 3(2)(5) SC/ST Act and 7/8 POCSO Act in Bail Application no. 426/2018 bearing Case Crime no. 117 of 2018, P.S. Pharenda, District Maharajganj whereby his prayer for bail has been rejected.

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It is contended by counsel for the appellant that the appellant has been falsely implicated in this case by the informant and merely a bald and vague allegation of attempted rape has been alleged. From the statement of the prosecutrix recorded u/s 161 and 164 Cr.P.C. it appears that at best it was a case of outraging modesty of the prosecutrix and what act was done by the applicant to constitute offence to attempt rape has not been specifically stated by the prosecutrix. In the medical report some superficial multiple abrasion of 2.5 cm X 2.00 cm at right side of face has been noted. The appellant is in jail since 29.3.2018.

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Per contra learned AGA has vehemently opposed the prayer for bail and supported the impugned order. However he could not point out anything material on the contrary.

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Considering the facts and circumstances of the case and keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is, accordingly, allowed. Impugned order dated 12.4.2018 is, hereby, set aside.

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Let appellant, Harishchand @ Ande be released on bail in aforesaid Case Crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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(i). The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 appellant 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

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Section 229-A of the Indian Penal Code;

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(iii). In case, the appellant misuses the liberty of bail 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.

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(iv) The appellant 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 20.8.2018 Dhirendra/

Harishchand @ Ande v. State of U.P. and Anr.

Case brief

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Harishchand @ Ande v. State of U.P. and Anr.

Case brief

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