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2021 DIGILAW 602 (ALL)

Rajpal v. State of U. P.

2021-07-01

RAHUL CHATURVEDI

body2021
JUDGMENT : 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. By means of this application, the applicant who is involved in case crime no. 354 of 2020, under Sections 354, 376D, 506 IPC, Police Station-Azeemnagar, District-Rampur is seeking enlargement on bail during the trial. The applicant is languishing in jail since 30.11.2020. 3. Submission made by learned counsel for the applicant is that the present FIR was got registered by Smt. Indrawati, who claims herself to be the eye witness of the incident. On 29.11.2020, the FIR was lodged against Rajpal and Vicky for the alleged act of misbehaviour and teasing of the victim. The daughter (victim) who went to terrace to take her mobile, where both the accused persons started teasing and misbehaving with the girl. On raising alarm the informant reached on the spot and after seeing the informant, both the named accused persons fled away from the site. There is consistent stand in the 161 Cr.P.C. statement of teasing and misbehaviour. For the first time in the statement under Section 164 Cr.P.C., there is mark improvement, whereby allegation of sexual assault was levelled against Rajpal without any justification. The medical was conducted after five days of the incident. The internal examination clearly indicates that her hymen was old torn and healed and there is no injuries over her private organ belying the allegation of rape upon her. 4. Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant. 5. Taking into account, the major shift in the prosecution story, couple with the fact that there is no injury over her private organ, I am of the view that the applicant has made out a case for bail. 6. Let the applicant-Rajpal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two 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/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC. (iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC. (iv) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT/APPLICANTS IS/ARE 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 HIS/HER/THEIR IN ACCORDA NCE W ITH LAW. (v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT/APPLICANTS. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-: 1. The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. 2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. 3. The computer generated copy of such order shall be self attested by the counsel of the party concerned. 4. 2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. 3. The computer generated copy of such order shall be self attested by the counsel of the party concerned. 4. 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.