The High Court granted bail to the applicant in a case involving kidnapping and rape, finding that a prima facie case for bail existed without expressing an opinion on the merits.
Application allowed; applicant released on bail furnishing personal bond and two local sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21451 of 2020
Applicant :- Harjeet @ Arjeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 33 of 2020 under Sections 363, 376D, 506 IPC and 5/6 POCSO Act, Police Station Jahangeerabad, District Bulandshshar with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant against the kidnapping of his daughter. It was mentioned in the FIR that the victim was kidnapped by accused Mangal and she was carried away to the house of the present accused Harjeet.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. The First Information Report was lodged after a delay of more than one month and no proper explanation has been furnished by the prosecution why the First Information Report was lodged so late. Further submission is that the alleged victim was having love affairs with Rahul and present accused Harjeet happens to be brother-in-law of co-accused Mangal who is friend of Rahul. It is also submitted that initially on 01.02.2020 an information was given to the police by the complainant that the victim girl was kidnapped by the accused persons and no allegation of rape was levelled against the accused persons. Later on, the First Information Report was lodged with the allegations of rape which is highly doubtful and appears to be false
and concocted story. It is lastly argued that the applicant is in jail since 15.03.2020 and that in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Harjeet @ Arjeet involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.9.2020 LBY
1 issue framed by the court
Whether a prima facie case for bail has been made out in view of the delay in lodging the FIR and the circumstances of the case.
4 provisions across 2 enactments
Harjeet @ Arjeet
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
