Allowed

Jubaier v. State of U.P.

Allahabad HC25 Jan 2021BAIL/3991/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 3991 of 2021 before the Allahabad High Court. The applicant sought bail in a rape case. The court found a prima facie case for bail without commenting on merits and granted relief under conditions including attending court on specific dates.

What did the court decide?

Application allowed; applicant to be released on personal bond and two local sureties subject to conditions.

Jubaier Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3991 of 2021

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Applicant :- Jubaier Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Pandey 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. 487 of 2020 under Sections 354, 354-B, 376, 511 IPC, Police Station - Lisadigate, District - Meerut with the prayer to enlarge the applicant on bail.

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The report of this incident was lodged by the complainant (victim) herself against the present accused applicant Jubaier and Jani along with one unknown person about the incident which happened on 25.09.2020 at about 5:30 P.M. It was alleged in the report that the present accused along with other co-accused Jamin and one another had misbehaved with her and tried to rape her.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case. It is further submitted that the complainant side and accused side are close relatives and civil disputes are pending between them. It is also submitted that to create unnecessary pressure upon the accused side, this false case was lodged by the complainant against the present accused. Lastly, it is argued that the applicant is in jail since 23.11.2020 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. and Shri Rajeev Kumar Pal appearing on behalf of the complainant has opposed the prayer for bail. But they have not disputed that the alleged victim was not raped but only attempt was made by the accused to rape her.

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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 Jubaier 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 :- 25.1.2021 LBY

Jubaier v. State of U.P.

Case brief

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Jubaier v. State of U.P.

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