Gulshan Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Gulshan Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Gulshan in Case Crime No. 15 of 2022 under Sections 376 and 323 IPC, Police Station Shivpur, District Varanasi, on a personal bond with two sureties each in the like amount, subject to four enumerated conditions.

Issue for consideration

Whether the applicant Gulshan, involved in Case Crime No. 15 of 2022 under Sections 376 and 323 IPC, Police Station Shivpur, District Varanasi, should be released on bail.

Court's answer

Without expressing any opinion on the merits of the rival claims, the Court held that the applicant had made out a case for bail.

Ratio / Principle

The applicant Gulshan was directed to be released on bail in Case Crime No. 15 of 2022 under Sections 376 and 323 IPC on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions requiring presence at trial, an undertaking not to seek adjournments when witnesses are present, and liability to proceedings under Section 229-A IPC, Section 82 Cr.P.C. proclamation and Section 174-A IPC in case of absence or misuse of the liberty of bail.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Siddhartha Varma, J.; order dated 16.5.2022) allowed Criminal Misc. Bail Application No. 15798 of 2022 filed by Gulshan, accused in Case Crime No. 15 of 2022 under Sections 376 and 323 IPC, Police Station Shivpur, District Varanasi. Counsel for the applicant contended false implication arising from personal rivalry; that neither the Section 161 nor the Section 164 Cr.P.C. statement of the victim disclosed from where she was picked up forcibly, the Section 164 statement describing a one-sided love relationship; that the medical report recorded no dead or live spermatozoa and opined there was no recent evidence of any sexual activity; and that the applicant had no criminal history and was in jail since 14.01.2022. The learned A.G.A. opposed the bail prayer but could not deny that the applicant had no criminal history. Without expressing any opinion on the merits of the rival claims, the Court found the applicant had made out a case for bail and directed his release on a personal bond with two sureties each in the like amount, subject to conditions: an undertaking not to seek adjournments when witnesses are present; presence before the trial court on each date personally or through counsel, failing which action under Section 229-A of the Indian Panel Code; initiation of proceedings under Section 174-A of the Indian Panel Code upon misuse of bail and failure to appear after proclamation under Section 82 Cr.P.C.; and personal presence at opening of the case, framing of charges and recording of statement under Section 323 Cr.P.C.

Court No. - 49

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15798 of 2022

Applicant :- Gulshan Opposite Party :- State of U.P. Counsel for Applicant :- Tanu Roopanwal,Abhishek Srivastava,Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Siddhartha Varma,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

This is an application for bail moved on behalf of the applicant, Gulshan, who is involved in Case Crime No. 15 of 2022, under Sections 376 and 323 of I.P.C., Police Station- Shivpur, DistrictVaranasi.

Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that even though in the FIR the victim has stated that the accused had forcibly taken her away and had committed the crime of rape on her while she was washing utensils in no statement under Section 161 and Section 164 of Cr.P.C., the victim has stated as to from where she was picked up forcibly. Infact under Section 164 of Cr.P.C. the victim has stated that the applicant-accused used to love her but she did not from her side love him. It is further contended that because of personal rivalry she had implicated the accused. It is further contended that in the medical report it has been stated that there was no dead or live spermatozoa seen and the medical opinion was that there was no recent evidence of any sexual activity. It is further submitted that the applicant has no other criminal history and is in jail since 14.01.2022 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history.

In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

Let the applicant, Gulshan be released on bail in Case Crime No.

15 of 2022, under Sections 376 and 323 of I.P.C., Police StationShivpur, District- Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.

In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law.

(ii) 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 Panel Code.

(iii) In case, the applicant misuses the liberty of bail during trial 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 on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges and (iii) recording of statement under Section 323 Cr.P.C. 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 an abuse of liberty of bail and proceed against him in accordance with law.

Order Date :- 16.5.2022 vkj

Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.17 17:59:06 IST Reason: Location: High Court of Judicature at Allahabad