This bail court granted an order to the applicant, holding that the high jail overcrowding warrants release without prejudging the merits of the prosecution allegations.
Release on personal bond and two sureties subject to conditions preventing tampering, exigency, and ensuring presence at trial.
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.
Neutral Citation No. - 2023:AHC:197598
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43546 of 2023
Applicant :- Arvind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Arvind, with a prayer to release him on bail in Case Crime No. 176 of 2022, under Section 376(3) IPC and 3/4 POCSO Act Police Station Thariyaon, District- Fatehpur, during pendency of trial.
There are allegations against the applicant of commission of offences of rape of minor girl and penetrative sexual assault.Learned counsel for the applicant has submitted that it is a case of false implication.There was dispute regarding property which the informant was about to purchase from one Vishal Pasi, which was purchased by the brother of the applicant by giving extra money,therefore, applicant has been falsely implicated by informant through the victim.The informant on an earlier occasion had also tried to implicate the applicant in a false case by making the same false allegation of rape of his daughter as clear from the statement of the victim under section 164 Cr.P.C. itself.As per ossification test report of the victim she is aged about 16 years. Given margin of two years on higher side she can be considered to be major.The applicant is in jail since 3.7.2022 and has no criminal history.
Learned A.G.A. has 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.
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 to ensure presence of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.10.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to release on bail considering the nature of the offence and jail overcrowding.
Whether the applicant has demonstrated a prima facie case for bail without merits determination.
Whether bail conditions can be imposed to ensure fair trial and prevent tampering.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶10
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
5 provisions across 4 enactments
Arvind
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
