Jaggi @ Kadar Khan Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Jaggi @ Kadar Khan Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Jaggi @ Kadar Khan to be released on bail in Case Crime No. 33 of 2019 on furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned, subject to the three conditions imposed by the court.

Issue for consideration

Whether the accused-applicant Jaggi @ Kadar Khan, involved in Case Crime No. 33 of 2019 under Sections 323, 363, 366, 506, 120-B I.P.C., P.S. Iradatnagar, District Agra, deserves to be enlarged on bail.

Court's answer

Considering the facts and circumstances of the case, rival contentions of counsel, detention of the applicant in jail, severity of punishment in case of conviction and the evidence collected by the I.O., and without commenting upon the merits, the applicant deserves bail.

Ratio / Principle

The bail application is allowed and the applicant is to be released on bail in the aforesaid case crime on furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned.

Key takeaways

Release on bail is subject to conditions: the applicant shall not tamper with evidence or threaten witnesses, shall cooperate with the trial and not seek adjournments on dates fixed for charge, evidence, statement under Section 313 Cr.P.C. and argument, and shall not indulge in criminal activities during trial; in breach, the Trial Court shall be at liberty to treat it as abuse of the liberty of bail and pass appropriate orders in accordance with law.ratio¶20

Detailed headnote1 paragraphs

Bail application allowed (single Judge, order dated 5.2.2020). Jaggi @ Kadar Khan, accused in Case Crime No. 33 of 2019 under Sections 323, 363, 366, 506, 120-B I.P.C., P.S. Iradatnagar, District Agra, sought bail. Per counsel for the applicant: he was not named in the F.I.R.; his name surfaced first in the victim's statement under Section 164 Cr.P.C. recorded about three days after her recovery on 12.6.2019, when she refused medical examination and told the doctor she had gone with Sameer of her own free will, no injury being found on her person; the victim, stated to be a major aged about more than 17 years, was said to be a consenting party vis-a-vis co-accused Sameer, and the applicant allegedly had no role in the incident. The learned A.G.A. opposed bail but did not dispute the factual submissions, stating that the accused, along with other co-accused, seduced the victim and took her to Nepal where she was tortured and raped. The applicant was in jail since 25.7.2019. Without commenting upon the merits, and considering the detention, severity of punishment in case of conviction and the evidence collected by the I.O., the court directed release on bail on a personal bond and two reliable sureties with an undertaking, subject to conditions (no tampering with evidence or threats to witnesses; cooperation with the trial without seeking adjournments; no criminal activities during trial), breach whereof the Trial Court may treat as abuse of the liberty of bail and pass appropriate orders in accordance with law.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4190 of 2020

Applicant :- Jaggi @ Kadar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Babita Upadhyay,Sanjeev Kumar Gaur Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

Accused-applicant, involved in Case Crime No.33 of 2019, under Sections 323, 363, 366, 506, 120-B I.P.C., Police Station Iradatnagar, District Agra applied for bail.

Learned counsel for the applicant submits in following manner :-

(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.

(ii) The applicant is not named in F.I.R. but his name came into light first time in the statement of victim recorded under Section 164 Cr.P.C. The victim was recovered on 12.6.2019 and she went for medical examination where she refused for medical examination and states before the doctor that she went with Sameer as per his own free will. By that time, no injury was found on her person.

Later on after three days, her 164 Cr.P.C. statement was recorded in which about 20 persons including applicant have been implicated.

(iii) Victim is major girl aged about more than 17 years. She is capable to understand what is happening with her. During journey with the alleged accused Sameer, she would not make alarm to invite attention of public. The victim appears to be a consenting party with Sameer. The applicant has no role in the incident.

(iv) Applicant is in jail since 25.7.2019. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that accused along with other co-accused seduced victim and took away to Nepal where she was tortured and raped.

Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.

Accordingly, bail application is allowed .

Let applicant Jaggi @ Kadar Khan be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant shall not tamper with the evidence or threaten the witnesses.

2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

3. During trial, he shall not indulge in any criminal activities or case.

In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

Order Date :- 5.2.2020 Manoj