HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 42038 of 2018
Applicant :- Shishupal
Opposite Party :- State of U.P.
Counsel for Applicant :- Anuj Bajpai,Santosh Kukmar Tiwari
Counsel for Opposite Party :- G.A.,Mukti Nath Dwivedi
Hon’ble Sudhir Agarwal,J.
1. This bail application has been moved on behalf of accused-applicant for enlarging him on bail in Case Crime No.313 of 2018, under Section 354 IPC and Sections 7/8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “Act, 2012”) , Police Station-Madanapur, District-Shahjahanpur.
2. It is pleaded that statement of girl recorded by police under Section 161 Cr.P.C. are contradictory with the statement recorded under Section 164 Cr.P.C. She claimed that incident took place at 12 O’ Clock in the night inside the thatch. It is not stated anywhere that any source of light was present there, hence, she was not in a position to recognize or identify anyone and this is also improbable that if applicant allegedly did anything wrong then her mother did not raise any protest or hue and cry and allowed applicant to go peacefully. Applicant has been falsely implicated. He is in jail since 15.08.2018 and more than 1 year 7 months was passed but trial has not progressed though there was no fault on the part of applicant.
3. Learned AGA has opposed bail.
4. Having gone through aforesaid pleadings and grounds and also record, in my view, it is a fit case where it is difficult to hold that applicant is guilty of offence for which he has been prosecuted purportedly when all the cases have been initiated almost at the same time when present proceeding was initiated and there is nothing on record to show that applicant is guilty of committing said offences.
5. Supreme Court in State though C.B.I. Vs. Amar Mani Tripathi 2005 (8) SCC 21 has also observed that normally bail should have been granted unless there exist circumstances/factors justifying denial thereof. Some of such circumstances have been stated as under:
“(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;
(ii) nature and gravity of the charge;
(iii) severity of the punishment in the event of conviction;
(iv) danger of accused absconding or fleeing if released on bail;
(v) character, behaviour, means, position and standing of the accused;
(vi) likelihood of the offence being repeated;
(vii) reasonable apprehension of the witnesses being tampered with; and
(viii) danger, of course, of justice being thwarted by grant of bail.”
6. In Rajesh Ranjan Yadav @ Pappu Yadav vs CBI through Its Director, 2007 (1) SCC 70 while recognizing that personal liberty is a valuable constitutional right recognized under Article 21, Court observed that while considering question of bail, judicial approach balancing personal liberty as well as interest of the society and also other relevant factors must be observed. Court further held that personal liberty of an accused or convict is also a fundamental right but if the circumstances so justify, it can be eclipsed. The length for which an accused has remained in jail before conviction, i.e., during investigation or trial, is a relevant consideration for the reason that in case ultimately the incumbent is found not guilty, i.e. having not committed any offence, it would be a travesty of justice to keep such a person in jail for years together and denial of personal liberty in such a case though may be mitigated by awarding appropriate compensation but cannot appropriately be compensated at all. Simply because Court takes a long time in trial, it will not be justified to keep a person in jail on the ground that Court or the prosecution is not efficient enough in completing trial in a reasonably short period and the incumbent must remain in jail, even though ultimately he may be found innocent. In fact, if a person is acquitted after a long and delayed trial, though incumbent was throughout in jail, even Judicial Officer would be having a feeling of contrition facing a situation where a person has served sufficiently a long term in imprisonment though, is found innocent and ultimately acquitted. No uniform principle can be laid down since every matter would depend on the circumstances of each case and it cannot be said that a person has remained in jail for long time, for that reason alone bail must be granted, but the period during which an incumbent has been remained in jail, during investigation or trial is a relevant factor. These are certain guidelines laid down in State through C.B.I. v. Amar Mani Tripathi (supra) were reiterated in Rajesh Ranjan Yadav @ Pappu Yadav vs CBI (supra).
7. In view of above and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
8. Let applicant, Shishupal involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
9. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 16.4.2020