HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 8439 of 2020

Applicant :- Asbuddin

Opposite Party :- State of U.P.

Counsel for Applicant :- Pawan Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Neeraj Tiwari,J.

Sri Ashish Kumar, Advocate has filed Vakalatnama on behalf of informant, which is taken on record.

Heard learned counsel for the applicant, Sri Ashish Kumar, learned counsel for the informant, learned AGA for the State and perused the material placed on record.

It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that it is a case of scuffle between the applicant and informant. It is further submitted that in the F.I.R. there is allegation of Section 354 I.P.C. against the applicant, his brother, wife, daughter and sister, but there is no allegation of Section 376 I.P.C. It is next submitted that in her statement recorded under Section 161 Cr.P.C. there is no allegation of rape. For the first time, in the statement recorded under Section 164 Cr.P.C. allegation of rape has been made against the applicant. The allegation of rape is not supported by medical evidence as father of the victim had not permitted for internal examination of the victim. As per report of Chief Medical Officer, Mharajganj, victim is aged about 17 years, therefore, he may be given benefit of two years on higher side. It is also submitted that there is criminal history of three cases which has been explained in paragraph 4 of the supplementary affidavit. He is languishing in jail since 08.12.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. as well as learned counsel for the informant has opposed the prayer for bail but could not dispute the aforesaid facts.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Asbuddin, involved in Case Crime No. 250 of 2019, under Sections 323, 504, 506, 325, 308, 354A, 354B, 376 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, 2012, Police Station Purunderpur, District Maharajganj be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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.

However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.

Order Date :- 26.2.2020

Rmk.