Single judge granted bail to applicant, a rape suspect, applying Article 21 and Dataram Singh without deciding on merit of the case.
Released on bail with personal bond and two sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36855 of 2019
Applicant :- Sanni Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive and village party bandi. It is next contended that entire prosecution story is concocted as per the prosecution story it is alleged in the night at about 11 PM prosecutrix has gone to fields for attending the natural call, but there exists a toilet in the house of the applicant, as is evident from the letter issued by the Gram Pradhan, a copy of which has been annexed as annexure-7 to the affidavit accompanying this bail application and therefore, there is no occasion for the prosecutrix to went outside attending the natural call, which creates doubt on the prosecution story. Learned counsel for the applicant has next drawn the attention of this Court toward annexure-3 which is radio-logical report of the victim according to which the victim is major aged about 18 years and she appears to be consenting party. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 24.5.2019. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides,
larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Sanni Srivastava involved in Case Crime No.148 of 2019 under Sections 376, 506 I.P.C., Police Station Nawabganj, District Bareilly 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 174-A 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.
Order Date :- 20.9.2019 Dev/-
1 issue framed by the court
Whether to grant bail to the applicant charged under Sections 376 and 506 of the I.P.C.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
6 provisions across 2 enactments
Sanni Srivastava
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
