Munnulal Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Neutral Citation No. - 2024:AHC-LKO:2577

Court No. - 13

Case :- CRIMINAL APPEAL No. - 401 of 2023 Appellant :- Munnulal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Dheeraj Awasthi,Krishna Kant Yadav,Rakesh Singh

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Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

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The present appeal has been filed for quashing the impugned order dated 11.01.2023 passed by learned Special Judge, SC/ST Act/ Additional District and Sessions Judge, Court No.2, Unnao in Bail Application No.127 of 2023 arising out of Case Crime No.539 of 2022 under Sections 452, 323, 376, I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Purwa, DistrictUnnao.

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It is evident from the record that notice has already been served upon private respondent, however, none appears on his behalf. Therefore, the matter is being proceeded for final disposal.

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Learned counsel for the appellant submits that appellant was falsely implicated in the present case only with the intention to blackmail him and his is in jail since 05.11.2022. He further submitted that the victim is a major lady and on her information, F.I.R. of case in question was lodged. He further submitted that in the F.I.R. as well as statement recorded under Section 161 Cr.P.C., no allegation of rape was leveled against the appellant either by the informant or by the victim, thereafter, they developed a case of rape in statement recorded under Section 164 Cr.P.C. He further submitted that victim has already been examined before the trial court and there is on possibility of tampering of evidences, therefore, the impugned order is liable to be set aside and appellant may be enlarged on bail.

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Learned A.G.A. opposes the prayer of appellant and submits that after detailed investigation, charge sheet has been filed, therefore, appellant is not entitled for bail.

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Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal as well as other relevant documents; it is evident that initially the F.I.R. was lodged alleging that the appellant molested the victim, thereafter, allegation of rape was leveled in

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the statement of victim recorded under Section 164 Cr.P.C. but neither in the statement recorded under Section 161 nor in the F.I.R. allegation of rape was leveled. In such circumstances, this Court is of the view that learned trial court failed to consider the aforesaid aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail.

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Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed , and the impugned order dated 11.01.2023 passed by learned Special Judge, SC/ST Act/ Additional District and Sessions Judge, Court No.2, Unnao is hereby set aside.

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Let the appellant- Munnulal involved in the aforementioned crime 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 appellant shall file an undertaking to the effect that he will 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 appellant shall remain present before the trial court on each date fixed, either personally or through their 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 appellant 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 appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant 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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Order Date :- 10.1.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Munnulal v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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Munnulal v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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