Allowed

Badal v. State of U.P.

Allahabad HC14 Dec 2020BAIL/43554/2020

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 307, 376, and 506 IPC, the Single Judge allowed the bail petition, holding that prima facie a case for bail was made out and releasing the applicant on bond subject to undertakings to appear in court and refrain from misuse of liberty.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two local sureties subject to undertaking not to seek adjournment or misuse liberty.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43554 of 2020

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Applicant :- Badal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 387 of 2020 under Sections 376, 307, 506 IPC, Police Station - Hapur Dehat, District - Hapur with the prayer to enlarge the applicant on bail.

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The First Information Report of this incident was lodged by the complainant against the present accused and other co-accused and it was alleged in the First Information Report that the present accused was committing rape against the complainant since 18 months and the video clips of the victim were also made by the present accused and his friend. It is also alleged in the First Information Report that she was also given some poison by the accused persons.

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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. It is further submitted that the alleged victim is a married lady and major aged about 30 years. It is also submitted that she was in consensual relationship with the present accused since more than one and half year. The learned counsel also argues that the allegation of rape made in the First Information Report is not believable as the alleged victim has refused her medical examination. Lastly, it is argued that the applicant is in jail since 24.09.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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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.

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The prayer for bail is granted. The application is allowed.

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Let applicant Badal 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:-

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(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;

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(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;

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(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.

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(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.

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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.

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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 :- 14.12.2020 LBY

Badal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Badal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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