The High Court allowed a bail application in a rape case under IPC and POCSO sections, citing the victim's lack of support for the prosecution and jail overcrowding without a merit-based analysis. Conditions were imposed.
Application allowed; applicant released on bail on personal bond and two sureties subject to conditions.
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. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3957 of 2023
Applicant :- Sandeep Rajbhar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Janardan,Ashok Kumar Yadava Counsel for Opposite Party :- G.A.,Sunil Kumar Kori
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Sunil Kumar Kori, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Sandeep Rajbhar, with a prayer to release him on bail in Case Crime No. 249 of 2022, under Sections 376,504,506 IPC and section 3/4 POCSO Act Police Station Rudrapur, District- Deoria, during pendency of trial.
There are allegations against the applicant of committing offence of rape,threatening and penetrative sexual assault.Learned counsel for the applicant has submitted that victim has been examined before the court below. She has not supported the prosecution case.It is a case of false implication. The applicant is in jail since 31.7.2022 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
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 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 recent judgment dated 11.07.2022 of the 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
Let the applicant 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.
be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
In case the trial has commenced, the trial court will conclude the same within a period one year as per section 309 Cr.P.C.
Order Date :- 20.2.2023 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail can be granted in a rape case where the victim has not supported the prosecution case and there are allegations of false implication.
Whether the conditions of overcrowding in jails under Article 21 of the Constitution support the grant of bail in under-trial cases.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Distinguished¶9
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
Sandeep Rajbhar
Siddharth
Atul Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
