Single judge bench allowed a bail application filed by Amir, an accused in a rape case, granting release on personal bond and sureties based on parity with a co-accused, subject to specific undertakings regarding evidence, attendances, and Frame of Charge.
Application allowed; applicant released on bail on furnishing a personal bond and two local sureties.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23027 of 2022
Applicant : Amir Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Singh,Akshaivar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.96 of 2021, under Sections 452, 323, 342, 376D, 506 I.P.C., Police Station Chilkana, District Saharanpur.
Learned counsel for the applicant submits that applicant and coaccused Asif committed rape upon the victim. He next submits that in the statement u/s 161 Cr.P.C. she has reiterated the FIR version and as per statement of the victim u/s 164 Cr.P.C. she has denied the FIR version and no allegation has been levelled against anyone. He further submits that co-accused Asif has been enlarged on bail by a co-ordinate Bench of this Hon'ble Court, vide order dated 7.6.2022 in Criminal Misc. Bail Application No.22960 of 2022. Applicant's case is at par with the co-accused enlarged on bail, therefore, he claims parity. He further submits that applicant has no criminal history. He next submits that applicant has been falsely implicated in the case. He further submits that applicant is languishing in jail since 1.4.2022.
Per contra, learned A.G.A. has opposed the bail but concedes the factual aspects of the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, enlargement of identically placed co-accused on bail, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let applicant Amir involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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 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.
(iii) 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.
(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 charge and (iii) recording of statement under Section 313 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 abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 8.6.2022
m.a.
Digitally signed by MOHAMMAD AYYUB Date: 2022.06.08 17:47:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering the parity with a co-accused who has already been released.
What conditions are necessary for the grant of bail in a case involving serious sexual offences.
1 provisions across 1 enactments
Amir
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
