HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 13
Case :- BAIL No. – 11009 of 2019
Applicant :- Deep Narayan @ Deepak Maurya
Opposite Party :- State of U.P.
Counsel for Applicant :- Qazi Sabihur Rahman,Ali Hasan,Mohammad Alishah Faruqi,Rajesh Mishra
Counsel for Opposite Party :- G.A.,Rajeev Kumar Mishra Rudra
Hon’ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the accused-applicant, Ms. Poonam Gupta, counsel for the State as well as Mr. Rajendra Prasad, Advocate, holding brief of Mr. Rajeev Kumar Mishra ‘Rudra’, representing the complainant, and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.155 of 2019, under Sections 363, 366 and 354 IPC and 7/8 POCSO Act lodged at Police Station Khargupur, District Gonda.
Initially, the FIR was registered under Sections 363 and 366 IPC, however, during the course of investigation, offence under Sections 354 IPC and 7/8 POCSO Act has been added.
3. As per the FIR, on 06.08.2019 the prosecutrix was enticed away by the accused-applicant; the prosecutrix was recovered after 14 days.
4. Counsel for the accused-applicant submits that in her statement recorded under Section 164 CrPC, the prosecutrix has said that she went out of her home at 3.00 a.m. to answer the natural call; the story, set up by the prosecution, is improbable, and not credible; a young girl would go out in wee hours does not appear to be correct story; medical age of the prosecutrix has been determined to be 18-19 years; even the brother of the prosecutrix has said that the prosecutrix was around 23 years of age; prima facie, the prosecutrix is a consenting party and, after she was recovered, she has alleged wrong doing to her by the accused-applicant; the accused-applicant is in jail since 20.08.2019.
5. Considering the above aspects, and without commenting on merit of the case, I find it to be a fit case for grant of bail.
6. Let applicant-Deep Narayan alias Deepak Maurya, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(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 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
(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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 29.1.2020