High Court considered a bail application under Section 439 CrPC in a case alleging rape and criminal trespass. The court found it a fit case for bail and granted liberty subject to statutory conditions.
Released on bail furnishing a personal bond and two sureties subject to specified conditions regarding attendance and non-abuse of liberty.
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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51088 of 2022 Applicant :- Sagar Giri Opposite Party :- State of U.P. Counsel for Applicant :- Javed Raza Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard 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. 834 of 2022, under Sections 498A, 323, 504, 506, 376 IPC and 3/4 D.P. Act, Police Station Sahibabad, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is fatherin-law of the victim. There is allegation against the applicant that he has committed rape upon the victim. It has further submitted that the incident took place on 21.9.2021 and the FIR of the alleged incident has been lodged after nine months on 6.6.2022 but there is no satisfactory explanation of this delay in lodging the FIR. During the argument learned counsel for the applicant has drawn the attention to the court towards the annexure no. 2 to the affidavit filed in support of bail application which is a called notice for settlement between the parties issued by the Mahila Police Chowki Sahibabad, District Ghaziabad and in which no allegation has been leveled against the applicant. The Victim has made allegation against her husband for harassment and committing marpeet. The statements of the victim recorded under sections 161 and 164 Cr.P.C is not believable. No such incident has been taken place. False allegation has been made against the applicant. No offence is made out against the applicant. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. There is no criminal history of the applicant. The applicant is in jail since 18.8.2022.
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 Sagar Giri, 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 :- 24.11.2022/A.
Digitally signed by AFAQ AHMAD Date: 2022.11.24 13:24:03 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is a fit person to be released on bail.
Whether the delay in lodging FIR makes the victim false in implication.
4 provisions across 2 enactments
Sagar Giri
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
