The Allahabad High Court has allowed the conditional bail of the accused charged of raping a minor girl.
The Single-Judge Bench of Justice Gautam Chowdhary passed this order while hearing a Criminal Misc Bail Application filed by Kunwar Singh alias Chhafera.
This is the second bail application moved on behalf of the applicant. The first Criminal Misc Bail Application has been rejected by the Justice Rajiv Gupta, vide order dated 18.12.2020.
Counsel for the applicant submitted that the applicant has been falsely implicated in the case.
He further submits that the material witnesses became hostile.
It is submitted by the counsel for the applicant that trial is progressing at a slow pace and has relied upon the judgment rendered by the Supreme Court in the case of Indrani Pratim Mukerjea Vs Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl) No 1627 of 2022 to submit that prolonged incarceration of a person as an under trial is against his fundamental rights under Article 21 of the Constitution of India.
It is submitted that there is no occasion now for the applicant to tamper with any witness or to flee from judicial process.
It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him.
It is further contended by the counsel for the applicant that the applicant is languishing in jail since 27.08.2018 having no criminal history.
Per contra, AGA opposed the prayer for bail but admitted the fact that the applicant has been in jail since last four and half years.
“After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, the Court is of the view that the applicant may be enlarged on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant- Kunwar Singh @ Chhafera, be released on bail in Case under Sections 363, 366, 376(2), Jha IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Charwa, District Kaushambi on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide by the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 CrPC, may be issued and if 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 IPC.
(V) The applicant 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 CrPC. 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 a default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.