Allowed

Jagdish v. State of U.P.

Allahabad HC7 Jul 2023BAIL/25924/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Jagdish in a rape case. The court noted variations in the date of the incident and a delayed FIR but found no evidence of tampering, permitting bail with strict conditions.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two sureties, subject to specific undertakings regarding evidence, harassment, and court attendance.

Jagdish Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:134139

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25924 of 2023

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Applicant :- Jagdish Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Singh Counsel for Opposite Party :- G.A.,Ankita Pandey

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Hon'ble Samit Gopal,J.

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Heard Sri Satyendra Singh, learned counsel for the applicant, Ms. Ankita Pandey, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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The Vakalatnama of Ms. Ankita Pandey, learned counsel for the first informant is not on record. Office is directed to trace out the same and place it on record and make a note in the order-sheet.

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Learned counsel for the State states that he has received instructions in the matter for which he had taken time earlier.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Jagdish , seeking enlargement on bail during trial in connection with Case Crime No. 389 of 2022, under Sections 376, 506 I.P.C., registered at Police Station Ramkola, District Kushinagar.

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The first information report of the present case was lodged by the victim herself on 17.11.2022 against the applicant alleging therein that he is his maternal uncle. He offered her parents to send her with him for further studies on which they agreed and sent her with him. He then took her and told her that he is trying for an employment for her. One day he told her that she has got an employment in a company and she has to immediately go with him. She went with him after which he took a rented room and kept her there. On 03.08.2022 at about 11 pm when she was sleeping then the applicant committed rape upon her. He then used to threaten her and commit rape with her. In the meantime, a missing report was lodged by her uncle Om Prakash Kushwaha with regards to her getting missing. On getting information that a missing report has been lodged the applicant sent her by a train back to her home.

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Learned counsel for the applicant argued that the victim is a major girl aged about 20 years. It is argued that in the statement of the victim recorded under Section 161 Cr.P.C. she states of the applicant trying to commit rape upon her which was opposed by her. He then again tried force upon her. It is argued that in the statement of the victim recorded under Section 164 Cr.P.C. she states of the applicant committing rape upon her on 05.08.2022 and previously on 03.08.2022 he made an attempt to commit rape. It is argued that the first

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information report has been lodged after about three months from the date of the alleged incident which is stated to be on 03.08.2022. It is argued that the applicant has been falsely implicated in the present case as there was some dispute between the applicant and the victim. It is argued that the applicant is a poor and a labour class person and as such has been falsely implicated. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 24.03.2023.

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Per contra , learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is a relative of the first informant and has indulged in a totally immoral act.

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After having heard the learned counsel for the parties and perusing the record, it is evident that in so far as the date of incident is concerned, there are variations in the first information report and the version given by the victim in her statement during investigation. Even with regards to the alleged incident of rape there is a variation. The first information report has been lodged after about three months of the incident.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Jagdish , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.

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(v) 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

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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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 7.7.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Jagdish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jagdish v. State of U.P.

Case brief

What is this about?

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