Monday, December 4, 2023

Allahabad High Court grants conditional bail to rape accused

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The Allahabad High Court has granted conditional bail to accused of raping a girl on the pretext of marriage.

A Single Bench of Justice Vivek Kumar Singh passed this order while hearing a criminal misc bail application filed by Vishwanath Pandey.

It has been contended by the counsel for the applicant that the applicant has been falsely implicated in the case due to ulterior motives.

It is further contended that applicant is aged about 70 years and as per the allegation made by the victim in her statement recorded under Section 164 Cr.P.C, applicant has made physical relation with her on the promise of marriage.

It is further contended that there are material contradictions in the statements of the victim recorded under Section 161 as well as 164 Cr.P.C.

It is further contended that there is no reliable and cogent evidence against the applicant.

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It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.

It has also been submitted that the applicant is languishing in jail since 20.12.2021. It has been pointed out that the applicant has no criminal history.

“Having heard the submissions of the counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v State of U.P and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail”

-the Court observed.

The Court ordered that,

Let the applicant Vishwanath Pandey involved in Case under Section 376 I.P.C, Police Station Kotwali, District Varanasi be released on bail on his furnishing a personal bond with 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.

(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.

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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.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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