HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 13
Case :- BAIL No. – 62 of 2020
Applicant :- Dharmendra
Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Pandey
Counsel for Opposite Party :- G.A.
Hon’ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant, who is involved in FIR No.271 of 2019, under Section 354 IPC, Police Station Sakran, District Sitapur.
Allegations in the FIR are that the real uncle of the prosecutrix made the accused drink wine and sent him to tease and molest the prosecutrix. The accused-applicant tried to molest the prosecutrix, however, she could escape from the clutches of the accused-applicant.
Learned AGA has opposed the prayer of bail, but not disputed the aforesaid facts.
Considering the nature of allegations and the fact that accused-applicant is in jail since 4.11.2019 and without entering into the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Dharmendra be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(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.
Order Date :- 20.1.2020