Allowed

Surendra Patel v. State of U.P.

Allahabad HC19 Oct 2020BAIL/25434/2020

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application for Surendra Patel in Case Crime No. 257 of 2019 involving charges of kidnapping and rape. The court allowed bail without expressing an opinion on merits, citing vagaries of the case and guided itself by Dataram Singh precedent, imposing standard bail conditions.

What did the court decide?

Applicant Surendra Patel released on bail with personal bond and two local sureties subject to conditions of not tampering with evidence, cooperating in trial, not committing new crimes, and appearing

Surendra Patel Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25434 of 2020

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Applicant :- Surendra Patel Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant-Surendra Patel with a prayer to release him on bail in Case Crime No.257 of 2019, registered under Sections 363, 366, 376 I.P.C., Police Station Kuber Sthan, District Kushinagar during pendency of the trial.

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As per F.I.R., the victim has been enticed away by the applicant and after false promise of marriage, the applicant committed rape on her.

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Learned counsel for the applicant submitted that the present F.I.R. is delayed about one and half years and no proper reason has been explained in the F.I.R. and age of the victim shown in the F.I.R. is on the basis of Aadhaar Card which is not admissible. He further contended that as per statement of victim made under Sections 161 Cr.P.C. and 164 Cr.P.C., she is major and on her own consent she went to Imphal and lived with the applicant as husband and wife. In medical examination, victim is aged about 18 years and no injury has been found over the body but she refused to undergo for internal medical examination. It is further submitted that victim went to Imphal with applicant via bus and train but she never made hue and cry which is not indication of abduction of the victim. The victim of her own sweet will left her home and was living with the applicant in Imphal for a period of 8-9 months which shows that the victim is a consenting party. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 12.01.2020.

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Per contra, learned A.G.A. as well as learned counsel for the informant oppose the bail prayer of the applicant and submitted that the victim is minor and the applicant has enticed away the victim and committed rape on her.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid down

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by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.

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Let the applicant- Surendra Patel, who is involved in Case Crime No.257 of 2019, registered under Sections 363, 366, 376 I.P.C., Police Station Kuber Sthan, District Kushinagar, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present, in person, before the trial court on the dates fixed. 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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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.

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Order Date :- 19.10.2020 Nitin Verma

Surendra Patel v. State of U.P.

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Surendra Patel v. State of U.P.

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