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Sunil v/s State of U.P.


Company & Directors' Information:- SUNIL & CO PVT LTD [Active] CIN = U32109WB1984PTC037810

    Criminal Misc. Bail Application No. 18726 of 2019

    Decided On, 04 June 2020

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE SAUMITRA DAYAL SINGH

    For the Applicant: Rajesh Kumar Srivastava, Virendra Kumar Srivastava, Advocates. For the Respondent: G.A., Manoj Kumar Mishra, Advocate.



Judgment Text


1. The matter has been heard through video conferencing.

2. Heard Sri Virendra Kumar Srivastava, learned counsel for the applicant; Ms. Anjali Upadhyay, learned AGA, assisted by Sri Akhilesh Kumar Tripathi, Brief Holder, for the State and; Sri Manoj Kumar Mishra learned counsel for the informant.

3. The instant bail application has been filed on behalf of the applicant - Sunil with a prayer to release him on bail in Case Crime No. 1278 of 2018, under Sections- 363, 366, 376 IPC and 3/4 POCSO Act, Police Station - Tajganj, District- Agra, during pendency of trial.

4. Having heard learned counsel for the parties, at present:

(i) against FIR lodged on 19.11.2018, the applicant is in confinement since then;

(ii) the applicant claims to have cooperated in the investigation;

(iii) the applicant has no criminal history;

(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;

(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to disapproval of the alleged victim's parents to the relation formed between the applicant and the victim. Referring to the medico-legal report, it has been submitted that there is no evidence of any sexual violence practised on the victim;

(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witnesses.

5. The bail application has been vehemently opposed by learned AGA and learned counsel for the informant, who would submit that the applicant was apprehended from the spot and there is no doubt of his involvement in the offence alleged, as is clear from reading the statement recorded under Section 164 Cr.P.C. Further, it has been submitted, undisputedly, the victim is a minor girl.

6. Having heard learned counsel for the parties and having perused the record, no conclusion of fact is being drawn or suggested in this order. Second, purely for the purpose of consideration of bail application, it is seen that the applicant has no criminal history and has remained confined for more than one and half year. In the present circumstances, there is no hope of early conclusion of the trial. The nature of defence being offered by the applicant is not independent but stems from the FIR allegation itself, which were with regard to commission of offence under Sections 363 and 366 IPC.

7. This Court in Criminal Misc. Bail Application No. 11973 of 2020 (Vijay Pratap Verma Vs. State of U.P.) has, while enlarging the applicant (in that case) on bail vide order dated 09.04.2020, imposed certain conditions. I am in respectful agreement with the said order and propose to follow the same.

8. In view of the above, without expressing any opinion on the final merits of the case, let the applicant - Sunil involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(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.

(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.

(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.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) 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.

(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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

(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.

(viii) It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.

9. It is further made clear, in the event of any measure being adopted by the applicant to either intimidate the victim or to even make contact with her or her family, either personally or through electronic means or in any other means, it may result in immediate cancellation of bail being granted to the applicant.

10. In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:

"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after

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15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release." 11. However, immediately upon restoration of the normalcy of working of court, learned trial court shall make best efforts to conclude the trial, as expeditiously as possible, preferably within a period of one year from the date of normal working of courts resuming, without allowing for any undue or long adjournment.
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