Court allowed bail on grounds that the victim consented and considering jail overcrowding under Article 21, despite serious allegations of rape and abduction.
Release on bail with personal bond and two sureties subject to conditions not to tamper with evidence or seek adjournments.
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:203666
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43707 of 2023
Applicant :- Harikanchan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Giri,Surendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(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.
(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.
(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.
(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 proceed against him in accordance with law.
Order Date :- 26.10.2023 Rohit
Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail despite allegations of rape and abduction with intent to marry a minor.
Whether the overcrowding in jails justifies granting bail under Article 21 of the Constitution of India.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Distinguished¶12
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
Harikanchan
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
