HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 13
Case :- BAIL No. – 6109 of 2019
Applicant :- Kishore @ Ram Kishore
Opposite Party :- State of U.P.
Counsel for Applicant :- Narvind Kumar Singh
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.
The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.595 of 2018, initially registered under Section 377 IPC and Section 5/6 POCSO Act, Police Station Bakshi Ka Talab, District Lucknow.
However, during the course of investigation, the offence under Section 377 IPC has been diluted with the aid of Section 511 IPC and Section 5/6 POCSO Act has been converted into Section 7/8 POCSO Act. The accused-applicant is in jail since 1.10.2018.
Learned AGA has opposed the prayer of bail, but not disputed the aforesaid facts.
Considering the long incarceration of the accused-applicant, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Kishore @ Ram Kishore 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 :- 20.2.2020