Allowed

Virendra Singh v. State of U.P.

Allahabad HC16 Nov 2022BAIL/42772/2022

Case brief

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What is this about?

In a bail application in a rape case, the High Court allowed the release of the applicant on bail by furnishing a personal bond and two sureties, subject to specific conditions regarding appearance in court and conduct during the trial.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each in the like amount, subject to specific conditions regarding court attendance and conduct.

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

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42772 of 2022 Applicant :- Virendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.

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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.

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The applicant seeks bail in Case Crime No. 147 of 2022, under Sections 366, 504 IPC, P.S. Tarawa, District Azamgarh.

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As per allegations of the prosecution, applicant used to visit the house of the informant being neighbour and further it is alleged that on 9.6.2022 at about 12 in the night, applicant is said to have committed rape with the prosecutrix while she was sleeping at her door.

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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 45 years. It is further submitted that prosecution story is highly doubtful as it is not possible for a young person to establish physical relation with the victim for about 15 minutes by pressing her mouth, who is also a young lady of 45 years, as has been stated by the victim in her statement under Section 164 Cr.P.C. The applicant is in jail since 11.6.2022 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- Virendra Singh, 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

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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 :- 16.11.2022/RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.11.16 17:02:21 IST Reason: Location: High Court of Judicature at Allahabad

Virendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Virendra Singh v. State of U.P.

Case brief

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