Hon'ble Shekhar Kumar Yadav, J. granted bail to the applicant in a rape case involving SC/ST offences, framing conditions to ensure trial attendance and concluding the trial within one year.
Release of the applicant on personal bond and two sureties subject to specific conditions regarding attendance and trial conduct.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44363 of 2022
Applicant :- Akhilesh Yadav Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sadrul Islam Jafri,Ambreen Masroor,Awaish Khan,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri N. I. Jafri Senior Advocate assisted by Ambreen Masroor learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 132 of 2022, under Sections 376, 504, 506 120-B IPC and section 3/4 POCSO Act, Police Station Rudrapur, District Deoria.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. In High School certificate the date of birth of the victim has been shown as 1.1.2000. The applicant is aged about 21 years. It is further submitted that in the statements of the victim recorded under sections 161 and 164 Cr.P.C. the victim has herself stated that she well know the applicant about 14 years, which shows that the victim was a consenting party. It has further submitted that the FIR of the alleged incident has been lodged with the delay of eight years. The victim was medically examined on 16.5.2002 in which no injury has been found on the body of the victim and there is no opinion of doctor with regard to rape. It has further submitted that in this case the aunt of the applicant has also been roped. It has further submitted that the parties are agreed to solemnize their marriage to each other. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant has no criminal history. The applicant is in jail since 23.8.2022.
On the other hand, learned A.G.A. opposes the application for bail.
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.
Let the applicant Akhilesh Yadav, 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.
(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 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 :- 19.12.2022
A.
Digitally signed by AFAQ AHMAD Date: 2022.12.19 13:18:06 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving sexual offences.
What conditions must be imposed on the grant of bail to ensure trial cooperation.
5 provisions across 2 enactments
Akhilesh Yadav
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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