The Court granted bail to Mahesh, applicant charged under Sections 376, 504, 506, and 323 IPC, by invoking Article 21 and the Dataram Singh dictum, imposing strict conditions regarding trial cooperation and non-tampering, without ruling on case merits.
release of applicant on bail under Sections 376, 504, 506 and 323 IPC on furnishing personal bond and two sureties.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36860 of 2019
Applicant :- Mahesh Opposite Party :- State Of U.P. Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vindeshwari Prasad and Sri Praveen Kumar Srivastava, learned counsel for the applicant and Sri Azad Singh, learned A.G.A. appearing for the State.
Learned counsel for the applicant has contended that the applicant has been falsely implicated in the complaint case due to property dispute. It is further contended that it is wrong to say that the applicant ever committed rape on the prosecutrix; that regarding the alleged incident of rape dated 10.06.2013 complaint has been filed on 26.06.2013 with absolutely false and incorrect allegations; that the averments made in the complaint are absolutely false, baseless and highly improbable; that the prosecutrix is a major, matured and married lady aged about 45 years and there is no incriminating evidence or medical examination report on record to support the allegation of gang rape on the prosecutrix; that the applicant has been falsely implicated due to property dispute; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 7.8.2019.
Learned A.G.A. has vehemently opposed the bail and has contended that the applicant and his cousin brothers are influential type persons, on account of which they used to harm and harass the complainant and prosecutrix over, now and then and due to their influence the first information report of the complainant may not be registered in the police station and he used to file complaints.
Having heard the submissions of learned counsel of both sides as well as the documents available on record and the 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 Mahesh be released on bail in Complaint Case No.1493 of 2018, under Sections 376, 504, 506, 323 IPC, P.S. Ushait, District Budaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.9.2019 Dev/-
3 issues framed by the court
Whether bail should be granted to the applicant charged with rape and other offences in a dispute-laden case.
Whether the applicant can furnish bond and sureties with appropriate conditions to secure liberty.
Whether the larger mandate of Article 21 and the Apex Court's dictum supports granting bail in this circumstance.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶8
(2018) 3 SCC 22 · Who else cites this
9 provisions across 4 enactments
Mahesh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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