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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 30
Case :- BAIL No. – 2322 of 2021
Applicant :- Anil Kumar
Opposite Party :- State Of U.P. Anr.
Counsel for Applicant :- O.P. Tiwari,Rajendra Singh
Counsel for Opposite Party :- G.A.,Pramod Kumar Yadav
Hon’ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The applicant is involved in Case Crime No. 364 of 2020, under Section 354 I.P.C. and Section- 7/8 POCSO Act, Police Station- Fatehpur Chaurasi, District- Unnao.
Learned counsel for applicant has submitted that the applicant is innocent and has falsely been implicated in the aforesaid crime. Further submission is that the victim is major lady and aged about 19 years. The prosecutrix is a consenting party wherein she also wants to marry with the applicant but the first informant does not want to marry with her. Father of the victim has lodged the F.I.R. against the applicant and only allegation levelled against the applicant to outrage the modesty of the victim. No internal or external injury was found on the body of the victim. Co-accused Deepu has already been granted bail by a co-ordinate Bench of this Court on 25.6.2021 vide Bail No.3077 of 2021, therefore, the applicant is also entitled to be released on bail. The applicant is in jail since 25.01.2021. Learned counsel for the applicant has further submitted that if the applicant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State vehemently opposed the prayer for bail and has submitted that there is no illegality in the bail rejection order, hence the applicant is not entitled for bail and the bail application is liable to be rejected.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of applicant.
Bail Application is allowed.
Let applicant (Anil Kumar) be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in 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 of witnesses and shall not commit any offence.
(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.
(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.
(vi) The accused/appellant shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
Order Date :- 23.7.2021