Allowed

Puttan v. State of U.P.

Allahabad HC7 Apr 2023BAIL/5637/2023

Case brief

AI extract

What is this about?

Second bail application of an accused charged with rape and intimidation. The court granted bail citing exceptional circumstances involving domestic victimization of the applicant's wife and prolonged detention, imposing strict conditions regarding court attendance.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two local sureties, subject to conditions for attendance and no abuse of liberty.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5637 of 2023

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Applicant :- Puttan Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma,Dinesh Kumar,Om Shiv Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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This is the second bail application. First bail application of the applicant was rejected by this Court vide order dated 12.12.2022.

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Heard Mr. Om Shiv and Mr. Dinesh Kumar, learned counsels for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Puttan with a prayer to release him on bail in Case Crime No.380 of 2022, under Sections 376, 506 I.P.C., Police Station-Islam Nagar, District-Budaun, during pendency of trial.

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Learned counsel for the applicant submits that after sending the applicant behind bars, wife of the applicant is being victimized by the victim's family members and are trying to extract money from the applicant, news item in this regard has been published in newspaper and has also been annexed on page 42 of the bail application. Emphasising on the period of detention, he submits that applicant is languishing in jail since 11.10.2022. He further submits that looking to the snail pace at which the trial is being conducted, the chances of trial being concluded in near future is very bleak due to heavy dockets. The applicant has no previous criminal history. In case, he is released on bail, he will not misuse

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the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence but he could not dispute the aforesaid facts that the applicant is in jail since 11.10.2022 and despite order dated 12.12.2022 passed by this Court to expedite the trial, the same is still progressing at a snail pace.

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In these special circumstances, there being no new ground after rejection of the first bail application of the applicant but in order to protect female family members of the applicant, in the interest of justice, this Court feels appropriate to release the applicant on bail, seeing that applicant is in custody since 11.10.2022.

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Let the applicant- Puttan involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed

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against him under Section 229-A of the Indian Penal Code.

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(iii) 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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(iv) 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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 7.4.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Puttan v. State of U.P.

Case brief

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Puttan v. State of U.P.

Case brief

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