Allowed

Akhand Pratap Singh @ Saurabh Singh v. State of U.P.

Allahabad HC23 Aug 2023BAIL/32376/2023

Case brief

AI extract

What is this about?

In a bail application under Section 376 IPC, the High Court granted bail to an under-trial accused citing jail overcrowding and voter uncertainty. The court emphasized the fundamental right to speedy trial under Article 21 and directed the release subject to strict conditions.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties subject to conditions of not tampering with evidence, seeking adjournments, or absconding.

Akhand Pratap Singh @ Saurabh Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169418

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32376 of 2023

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Applicant :- Akhand Pratap Singh @ Saurabh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Singh,Ram Chandra Solanki Counsel for Opposite Party :- G.A.,Vijai Kumar Rai,Pankaj Sharma

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Hon'ble Siddharth,J.

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Heard Sri Ram Chandra Solanki, learned counsel for the applicant; Sri Pankaj Sharma, learned counsel for the informant; Sri Vijai Kumar Rai, Counsel for High Court Legal Service Authority and learned A.G.A for the State.

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Counter affidavit filed by Sri Pankaj Sharma, counsel for the informant is taken on record.

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There is allegation against the applicant of committing the offence of rape of a married woman after entering into her house. It is alleged that the applicant befriended the victim on facebook and thereafter started frequenting her house and forcibly abducted her and took her to some unknown place and committed the alleged offence.

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Counsel for the applicant submits that the victim was a consenting party. She is a married woman and capable of understanding the consequences of such relationship. She has falsely implicated the applicant only to blackmail him and extract money. The applicant is in jail since 26.05.2023 and has no criminal history to his credit.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the

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case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Akhand Pratap Singh @ Saurabh Singh, involved in Case Crime No. 209 of 2023, under Section- 376 IPC, Police Station- Gorakhnath, District- Gorakhpur, 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.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) 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 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 of the Indian Penal Code.

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(v) 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

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proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 23.8.2023 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Akhand Pratap Singh @ Saurabh Singh v. State of U.P.

Case brief

What is this about?

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Akhand Pratap Singh @ Saurabh Singh v. State of U.P.

Case brief

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