Bail application filed by accused Shahrukh under Section 376 IPC allowed prima facie. High Court granted bail subject to conditions including appearance in court and filing undertaking against adjournments.
Accused released on personal bond and two local 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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34975 of 2020
Applicant :- Shahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Umesh Chandra Shukla 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. 276 of 2020, under Section 376 IPC, Police Station - Budhana, District - Muzaffarnagar with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by informant Balram about the rape of her sister by the present accused Shahrukh. It was mentioned in the First Information Report that on 14.07.2020 at about 2:00 A.M. (night) the accused called upon the sister of the informant to his sister's house and forcibly raped her.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is further submitted that the age of alleged victim as per the FIR version is 18 years and as per the High School Certificate and medical examination report her age is 19 years, a copy of her High School Certificate and a copy of her medical report is annexed at page No. 36 of the bail application. It is further submitted that the alleged girl was in consensual relationship with the accused and she had gone out of her own sweet will to the house of the sister of the present accused. It is also argued that no signs of alleged forceful rape were found on the body of the alleged victim when she was medically examined. It is also submitted that her hymen was old torn and healed. Lastly, it is further argued that the applicant is in jail since 15.07.2020 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. He has argued that the victim girl has deposed against the applicant in her statements recorded under Section 161 Cr.P.C. and 164 Cr.P.C.
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 Shahrukh 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 :- 24.11.2020 LBY
1 issue framed by the court
Whether the applicant accused under Section 376 IPC is entitled to bail.
3 provisions across 2 enactments
Shahrukh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
