Allowed

Bhola Shukla v. State of U.P.

Allahabad HC7 Jul 2023BAIL/51923/2019

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of an undertrial accused facing trial for gang rape and POCSO offences. The court balanced the gravity of the charge with Article 21 rights, trial delays, and significant jail overcrowding, granting bail subject to strict conditions and a direction for speedy trial.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties, subject to specific conditions and a direction for the trial court to conclude the trial within one year.

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

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Neutral Citation No. - 2023:AHC:134254

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51923 of 2019

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Applicant :- Bhola Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Saxena,Mamta Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is second bail application. First bail application of the applicant was rejected by coordinate bench of this court on 14.08.2018, which is not available now.

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There is allegation against the applicant of committing offence of gang rape after abduction of minor girl with intent to marry and also offence under Section 5/6 of POCSO Act.

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Learned counsel for the applicant has pointed out to the statement of the Doctor recorded before the court below, wherein he has testified that no sign of alleged offence was found on the person of the victim. Learned counsel for the applicant further submits that the trial is not likely to be concluded in near future. Applicant is in jail since 05.03.2018.

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Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

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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 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 and 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 and 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, Bhola Shukla, involved in Case Crime No. 66 of 2018, u/s 363, 366, 376-D IPC and 5/6 POCSO Act, P.S. Daraganj, District Allahabad 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

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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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 proceed against him in accordance with law.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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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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The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.

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Registrar (compliance) is directed to communicate this order to the trial court concerned within 10 days.

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Order Date :- 7.7.2023 SS

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Bhola Shukla v. State of U.P.

Case brief

What is this about?

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Bhola Shukla v. State of U.P.

Case brief

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