Allowed

Kallu Alias Buddhsen v. State of U.P.

Allahabad HC10 Feb 2023BAIL/6546/2023

Case brief

AI extract

What is this about?

This bail application was filed by an accused charged with rape, extortion, and extortionate conspiracy, who was not named in the FIR or initial statements. The Single Judge allowed bail, observing that the late inclusion of the applicant's name in the victim's additional statement warrants discretionary release. Subject to strict conditions regarding attendance and procedure, the applicant was re

What did the court decide?

Bail allowed on personal bond and two sureties with conditions to file undertaking, remain present for trial, and appear for framing of charge and Section 313 Cr.P.C. statement recording.

Kallu Alias Buddhsen Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6546 of 2023

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Applicant :- Kallu Alias Buddhsen Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Saroj Yadav,J.

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The present bail application has been filed on behalf of the applicant in Case Crime No. 625 of 2022 under Sections 376, 384, 120-B IPC and Section 67 I.T. Act, Police Station Kokhraj, District Kaushambi, with the prayer to enlarge him on bail.

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Heard Sri Phool Singh Yadav, learned counsel for the accused applicant and Sri Mithilesh Kumar, learned Additional Government Advocate for the State respondent.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case with ulterior motive. He further submitted that the accused applicant is not named in the first information report. He further submitted that the victim, in her statements recorded under Sections 161 & 164 Cr.P.C. has not mentioned the name of the accused applicant. For the first time, the name of the accused applicant was mentioned by the victim in her additional statement recorded on 01.12.2022 and in that too, it has been stated that accused applicant was also sitting in the Car. He further submitted that there is no chance of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence. He further submitted that the accused applicant does not have criminal history as has been mentioned in paragraph no. 18 of the affidavit filed in support of the bail application. The accused applicant is languishing in jail since 11.12.2022, as such, he may be enlarged on bail.

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Per contra, learned A.G.A. appearing on behalf of the State-respondent opposed the bail application of the accused applicant but did not dispute the aforementioned facts as submitted by the learned counsel for the accused applicant.

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Considered the rival submissions and perused the material available on record.

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It transpires from the record that the accused applicant is not named in the first information report and the victim, in her statements recorded under Sections 161 & 164 Cr.P.C. has not mentioned the name of the accused applicant and only for the first time, the name of the accused applicant was mentioned by the victim in her additional statement recorded on 01.12.2022 wherein she has stated that the accused applicant was also sitting in the Car.

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Considering all the facts and circumstances of the case, without commenting on the merits of the case, it appears just to enlarge the applicant on bail.

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Accordingly, the bail application filed on behalf of applicant is allowed .

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Let the applicant Kallu Alias Buddhsen involved in Case Crime No. 625 of 2022 under Sections 376, 384, 120-B IPC and Section 67 I.T. Act, Police Station Kokhraj, District Kaushambi, 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 with 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 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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(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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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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(Mrs. Saroj Yadav, J.)

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Order Date :- 10.2.2023 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad

Kallu Alias Buddhsen v. State of U.P.

Case brief

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Kallu Alias Buddhsen v. State of U.P.

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