In a bail application under Section 437 Cr.P.C. in a case involving sexual offences, the Single Judge allowed the bail prayer, citing lack of evidence against the applicant and no likelihood of absenting himself from the trial.
The applicant is released on bail by furnishing a personal bond and two local sureties each of the like amount.
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50304 of 2022
Applicant :- Meraj Khan Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Hasan Parvej, learned counsel for the applicant, Mr. Akhilesh Kumar Srivastava, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant– Meraj Khan with a prayer to enlarge him on bail in Case Crime No.482 of 2022, under Sections 376, 380, 506 I.P.C. and Section 67 of IT Act, Police Station-Bithari Chainpuri, DistrictBareilly, during pendency of trial.
As per the prosecution case, the FIR was lodged by the fatherin-law of the victim on 16.08.2022 at about 00:49 am against the applicant alleging therein that the victim was married to his son nearly four years ago. Prior to marriage of the victim with his son, she was friendly with the applicant and the applicant used to blackmail her stating that he would make objectionable video viral. He used to send objectionable Whatsapp messages on the telephone of the informant's son, i.e. husband of the victim. It has further been alleged that two months ago, when the victim had gone to her parents' place, the applicant finding youngster sister of the victim alone, entered into the house and took away belongings of the victim. Being afraid, the present FIR was lodged stating therein that the applicant was in a condition to do anything harming the victim as well as the informant's family.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that from the statement of the victim under Sections 161 and 164 Cr.P.C. as well as before the doctor, it is clear that the victim, prior to her marriage, had friendly relations with the applicant and when the informant came to know about the same, the present FIR has been lodged to keep the applicant away from the victim. He further submits that there is no evidence regarding any video being sent by the applicant on the mobile phone of any members of the informant's family. The medical report of victim also does not
corroborate with the prosecution version. He further submits that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and the applicant is languishing in jail since 08.08.2022. Accordingly, he requests for bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(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 of the Indian Penal Code.
(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. is issued and the applicants fail 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 of the Indian Penal Code.
(iv) 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
It goes without saying that if the prosecution witnesses are not turning up deliberately, then the court below has all the powers to adopt all the coercive measures provided under the Code in order to procure the presence of the witnesses.
Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 15.12.2022 Jitendra/-
Digitally signed by JITENDRA KUMAR YADAV Date: 2022.12.20 12:12:42 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant was entitled to be released on bail in a bail application filed for offences under Sections 376 and 386 I.P.C.
Meraj Khan
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
