# Hargovind v. State of U.P. & Ors

- **Citation:** (2022) 5 ILRA 232
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-03-29
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/hargovind-v-state-of-u-p-ors-48492
- **Pages:** 2

## Headnote

(A) Criminal Law - The Code of Criminal
Procedure, 1973 - Sections 161 & 164 -
Bail - Indian Penal Code, 1860 - Section
376-D, 342, 323 & 120B - The Protection
of Children From Sexual Offences Act,
2012 - Section 3/4 -'parity' - the state or
condition being equal or on a level;
equality; equality of rank or status - 'Law
on bail' - 'Reasoned Order' - 'desirability of
consistency'-"cessante ratione legis cessat
ipsa lex" - "reason is the soul of the law,
and when the reason of any particular law
ceases, so does the law itself" - to assign
reasons to an order is not only essential
but is a safeguard that discretion is
exercised in a judicious manner - parity of
an unreasoned order which is against
various judgments, could not an order not
supported by adequate reasons could not
be weighed over an order passed with
certain reasons after considering rival
submissions and considering 'Law on
bail'.(Para -10,11, 13)

Victim going to field along with her animals -
co-accused and present applicant met her and
took her to a room at their tubewell - Applicant
locked room from outside and remained there to
guard - co-accused committed rape inside the
room - asked co-accused to complete act of
rape quickly - After act of rape, applicant and
co-accused left room, locked from outside -
Later on, room was opened by father of
applicant - Specific role of Applicant - First bail
application of applicant (student) rejected - by a
reasoned order on facts as well as on Law -
Second bail . (Para -3, 14)

HELD:-Considering
the
law
on
bail
as
mentioned in the order passed in first bail
application as well as judgments passed by the
Supreme Court in regard to reasoned order as
well as law on parity and desirability of
consistency and also considering specific role of
applicant in commission of the offence and
keeping in view the in

## Text

232 INDIAN LAW REPORTS ALLAHABAD SERIES
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 THROUGH
HIS COUNSEL. IN CASE OF HIS
ABSENCE,
WITHOUT
SUFFICIENT
CAUSE, THE TRIAL COURT MAY
PROCEED
AGAINST
HIM
UNDER
SECTION 229-A IPC.

(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., 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 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.

(vi) 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.

In case of breach of any of the
above conditions, it shall be a ground for
cancellation of bail.

40. The present order in this bail
application may sound like a decree of the
civil court dealing and deciding the title
over the property, if not done so, the Court
is failing in its duty or seems like providing
a shelter and patronage to a rank
trespasser and usurper over the property in
dispute as per own admission.

41. It is made clear that observations
made in granting interim bail/regular bail to
the applicant shall not in any way affect the
learned trial Judge in forming his own
independent
opinion
based
on
the
testimony of the witnesses and decide the
issue objectively.

Trial Court is requested to hear
the matter on top most priority and decide
the same latest by within one year from the
date of production of certified copy of the
order without granting any adjournment to
either of the parties.

42. 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 to be
released on bail forthwith. Needless to
mention that these additional conditions are
imposed to cope with emergent condition-:

1.
The
applicant
shall
be
enlarged on bail on execution of personal
bond
without
sureties
till
normal
functioning of the courts is restored. The
accused will furnish sureties to the
satisfaction of the court below within a
5 All. Hargovind Vs. State of U.P. & Ors.
233
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.
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.

43. However, it is made clear that any
wilful violation of above conditions by the
applicant, shall have serious repercussion
on his/her bail so granted by this Court and
the trial court is at liberty to cancel the bail,
after recording the reasons for doing so, in
the given case of any of the condition
mentioned above.
----------
(2022)05ILR A233
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 29.03.2022

BEFORE

THE HON'BLE SAURABH SHYAM
SHAMSHERY, J.

Criminal Misc. Bail Application No. 50880 of
2021

Hargovind ...Applicant
Versus
State of U.P. & Ors. ...Opposite Parties

Counsel for the Applicant:
Sri P.K. Singh, Sri Vijay Kumar Mishra

Counsel for the Opposite Parties:
G.A.
(A) Criminal Law - The Code of Criminal
Procedure, 1973 - Sections 161 & 164 -
Bail - Indian Penal Code, 1860 - Section
376-D, 342, 323 & 120B - The Protection
of Children From Sexual Offences Act,
2012 - Section 3/4 -'parity' - the state or
condition being equal or on a level;
equality; equality of rank or status - 'Law
on bail' - 'Reasoned Order' - 'desirability of
consistency'-"cessante ratione legis cessat
ipsa lex" - "reason is the soul of the law,
and when the reason of any particular law
ceases, so does the law itself" - to assign
reasons to an order is not only essential
but is a safeguard that discretion is
exercised in a judicious manner - parity of
an unreasoned order which is against
various judgments, could not an order not
supported by adequate reasons could not
be weighed over an order passed with
certain reasons after considering rival
submissions and considering 'Law on
bail'.(Para -10,11, 13)

Victim going to field along with her animals -
co-accused and present applicant met her and
took her to a room at their tubewell - Applicant
locked room from outside and remained there to
guard - co-accused committed rape inside the
room - asked co-accused to complete act of
rape quickly - After act of rape, applicant and
co-accused left room, locked from outside -
Later on, room was opened by father of
applicant - Specific role of Applicant - First bail
application of applicant (student) rejected - by a
reasoned order on facts as well as on Law -
Second bail . (Para -3, 14)

HELD:-Considering
the
law
on
bail
as
mentioned in the order passed in first bail
application as well as judgments passed by the
Supreme Court in regard to reasoned order as
well as law on parity and desirability of
consistency and also considering specific role of
applicant in commission of the offence and
keeping in view the ingredients of Section
376(D) IPC and offence under Section POCSO
Act, no case for bail is made out to allow second
bail application.(Para -16 )

Bail application rejected. (E-7)

List of Cases cited:-