Allowed

Komal Pal v. State of U.P.

Allahabad HC14 Dec 2022BAIL/29923/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 29923 of 2022, the Allahabad High Court granted bail to the applicant, Komal Pal, accused under Sections 376, 452, 506 IPC. The court imposed conditions including presence at trial dates and no abuse of bail liberty, noting severity without commenting on merits.

What did the court decide?

Bail granted with personal bond and two sureties subject to conditions regarding court appearance and trial conduct.

Komal Pal Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29923 of 2022

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Applicant :- Komal Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Singh,Ishan Deo Giri,Sarvesh Pandey

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Counsel for Opposite Party :- G.A.,Akhilesh Kumar Dwivedi

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material on record. Sri Akhilesh Kumar Dwivedi, learned counsel for the informant is present.

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The applicant seeks bail in Case Crime No. 132 of 2021, under Sections 376, 452, 506 IPC, P.S. Haliya, District Mirzapur.

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As per allegations of the prosecution, applicant is said to have committed rape forcefully with the prosecutrix on 23.5.2021 while she was alone in her home.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the prosecutrix is major aged about 30 years as admitted by her in her statement under Section 164 Cr.P.C., and she knew her consequences very well. The prosecutrix has refused for her medical examination, therefore, in absence of any medical report it cannot be said that the applicant has made sexual relations with the victim forcefully.

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It is further submitted that in the instant case FIR was lodged on 8.9.2021 on the basis of the application under Section 156(3) Cr.P.C. regarding the incident dated 23.5.2021. It is further submitted that applicant has been falsely implicated due to some money dispute with the informant allegedly taken place on 28.5.2021 and the applicant has been challaned under Section 151/107/116 CR.P.C. The applicant is in jail since 24.4.2022. and has no criminal history. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case.

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Let the applicant- Komal Pal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(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.

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(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.

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(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.

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(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.

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(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.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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Order Date :- 14.12.2022/RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.12.15 17:32:03 IST Reason: Location: High Court of Judicature at Allahabad

Komal Pal v. State of U.P.

Case brief

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Komal Pal v. State of U.P.

Case brief

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