HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 31717 of 2019
Applicant :- Adnan
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Pandey,Araf Khan,Diwan Saifullah Khan,Lihazur Rahman Khan
Counsel for Opposite Party :- G.A.
Hon’ble Mrs. Sunita Agarwal,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No.152 of 2019 under Sections 354A, Section506 I.P.C. and under Sections 7/8 POCSO Act, Police Station- Cantt., District- Allahabad with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is about 20 years of age and is in jail since 18.07.2019 (more than 4 months) on the complaint lodged against him of an act of intending to outrage modesty of a woman. He further contends that the allegations are false and, moreover, applicant cannot be said to have committed any such act which would come within the meaning of Section 354 I.P.C.
Learned A.G.A., however, opposed the prayer for bail.
Looking to the allegations in the first information report and giving due consideration to the statement of the girl, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be released on bail.
Let applicant- Adnan s/o Aftab Ahmad, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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 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;
(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; and
(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.
Order Date :- 25.11.2019