Criminal Misc. Bail Application wherein the applicant sought bail in a rape case. The court found it a fit case for bail while emphasizing that observations here do not affect the trial judge's independent opinion.
Applicant released on personal bond and two heavy sureties subject to conditions of attendance and no abuse of bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26457 of 2022
Applicant :- Govind Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Thakur Prasad Dubey,Aslam Ali,Kamal Kumar Singh,Sameer Ranjan Counsel for Opposite Party :- G.A.,Gopal Krishna Pandey
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Thakur Prasad Dubey, learned counsel for the applicant, learned Additional Government Advocate for the State, Mr. Gopal Krishna Pandey, learned counsel for the first informant and perused the material available on record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.34 of 2022, under Section 376 IPC, Police Station Dakshintola, District Mau.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant is quite innocent and has been falsely impliated in the present case. The applicant has never committed any offence as alleged in the impugned FIR. As per medical report as well as high school certificate, the victim was aged about 18 years at the time of alleged incident. Further contention is that there is no internal or external injury on the body of the victim. No disclose offence is made out against the applicant. Lastly, it is argued that the applicant is languishing in jail since 06.03.2022 having no previous criminal history and in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but he could not controvert the submissions made by the learned counsel for the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Let the applicant- Govind Rajbhar involved in the aforesaid
case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(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 IPC.
(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., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 14.11.2022
Ajeet
Digitally signed by AJEET KUMAR PATEL Date: 2022.11.14 13:46:31 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is a fit case to be enlarged on bail in a charge of rape.
What conditions must be imposed on the grant of bail in this case?
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶9
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
4 provisions across 2 enactments
Govind Rajbhar
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
