Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7266

of 2022

Applicant :- Bhupal Urf Bhupendra

Opposite Party :- State Of Up And 3 Others

Counsel for Applicant :- Rabindra Bahadur Singh,Gagan

Pratap Singh

Counsel for Opposite Party :- G.A.,Ghanshyam Das

Mishra,Hans Nath Pandey

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A for

the State.

There is allegation against the applicant of committing the

offence of gang rape after entering into the house of the minor

victim in the FIR.

Counsel for the applicant has brought on record the statement of

the victim recorded before the trial court wherein she has stated

that the dispute took place between the applicant and family

members of the victim on account of dispute regarding naali.

She has not made any allegation against the applicant. The

applicant is in jail since 18.06.2021 and has no criminal history

to his credit.

On the other hand learned A.G.A has opposed the prayer for

bail.

Keeping in view the nature of the offence, evidence, complicity

of the accused, submissions of the learned counsel for the

parties, larger mandate of the Article 21 of the Constitution of

India, considering the dictum of Apex Court in the case of

Dataram Singh Vs. State of U.P. and another reported in (2018)

3 SCC 22 and recent judgment dated 11.07.2022 of the Apex

Court in the case of Satendra Kumar Antil vs. C.B.I., passed in

S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times

overcrowding in jails over and above their capacity by the

under trials and without expressing any opinion on the merits of

the case, the Court is of the view that the applicant has made

out a case for bail. The bail application is allowed.

Let the applicant, Bhupal Urf Bhupendra, involved in Case

Crime No. 177 of 2021, under Sections- 376-D, 452, 506 IPC

and 5G/6 of POCSO Act, Police Station- Achhanera, District-

Agra, 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 subject to following conditions. Further, before

issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the evidence or threaten

the witnesses.

(ii) 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.

(iii) The applicant shall remain present before the Trial Court on

each date fixed, either personally or as directed by the Court. In

case of his absence, without sufficient cause, the Trial Court

may proceed against him under Section 229-A of the Indian

Penal Code.

(iv) 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.

(v) 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, it shall be a

ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties

be verified by the court concerned before the bonds are

accepted.

Order Date :- 11.1.2023

Rohit

Digitally signed by :-

ROHIT DAS

High Court of Judicature at All