Allowed

Sane Alam v. State of U.P.

Allahabad HC8 Dec 2022BAIL/42307/2022

Case brief

AI extract

What is this about?

In this bail application regarding charges of rape and kidnapping, the High Court considered the applicant's plea of innocence, the victim's inconsistent statements, and the prior grant of bail to a co-accused. The court found that the applicant had made out a case for bail and granted release on personal bond and sureties.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two reliable sureties, subject to specific conditions regarding court appearance and conduct during the trial.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42307 of 2022

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Applicant :- Sane Alam Opposite Party :- State of U.P. Counsel for Applicant :- Mangla Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This bail application has been filed by the applicant seeking bail in Case Crime No. 313 of 2021, under Sections 363, 366, 376-D, 376(2)(N) IPC, Police Station Sheesh Garh, District Bareilly, during pendency of trial.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Section 161 CrPC, in which, she has categorically stated that she is illiterate, 19 years of age and major. She had fallen in love with the applicant and had gone with him out of her own free will and consent and made consensual physical relations with him. Even in the first statement recorded under Section 161 CrPC, the victim had stated that she had fallen in love with the applicant and out of her free will and volition had gone with him. In the said statement, there is no allegation that the applicant committed rape on her.

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Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Section 164 CrPC, in which, she has stated that the applicant along with one Shahrukh committed rape on her. Thus, the victim has been changing her statement from one stage to another. The victim is mature enough to understand the consequence of her act and as such, it appears that she is a consenting party.

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Learned counsel for the applicant has next submitted that co-accused Shahrukh has already been granted bail by

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co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 16532 of 2022 vide order dated 30.08.2022.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 11.11.2021 and has no criminal history to his credit. The charge-sheet has already been submitted. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he may be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that victim in her statement recorded under Section 161 CrPC, has stated that she is illiterate, 19 years of age and major. She had fallen in love with the applicant and had gone with him out of her own free will and consent and made consensual physical relations with him. Even in the first statement recorded under Section 161 CrPC, the victim had stated that she had fallen in love with the applicant and out of her free will and volition had gone with him. In the said statement, there is no allegation that the applicant committed rape on her.

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The victim, in her statement recorded under Section 164 CrPC, has stated that the applicant along with one Shahrukh committed rape on her. Thus, the victim has been changing her statement from one stage to another. The victim is mature enough to understand the consequence of her act and as such, it appears that she is a consenting party. Co-accused Shahrukh has already been granted bail by co-ordinate Bench of this Court.

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Furthermore, the applicant is in jail since 11.11.2021 and has no criminal history to his credit. The charge-sheet has already been submitted. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Sane Alam be released on bail in the aforesaid case on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the 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 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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(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 IPC.

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(3). 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 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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(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 the 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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 8.12.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.12.08 16:52:39 IST Reason: Location: High Court of Judicature at Allahabad

Sane Alam v. State of U.P.

Case brief

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Sane Alam v. State of U.P.

Case brief

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