HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Case :- BAIL No. – 4801 of 2018
Applicant :- Phoolchand
Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Gupta
Counsel for Opposite Party :- G.A.
Hon’ble Dinesh Kumar Singh,J.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR registered at Case Crime No.205 of 2015, under Section 377 IPC and Section 3/4 POCSO Act, Police Station Tambaur, District Sitapur.
As per the allegations in the FIR, on 21.10.2015 the victim, aged about eight years, was playing outside his house. The accused-applicant took him to the sugarcane field of Guddu Maharaj and sexually assaulted him. The victim came home around 6 PM and told that he was sexually assaulted by the accused-applicant. The blood was coming out from the anus of the victim. When the husband of the complainant came, he was also told by the victim about the incident. The F.I.R. could not be lodged in the night and it was lodged on the next day. The victim was medically examined. The following injuries were noted :-
“1. Abrasion skull (multiple present surrounding the Anus).
2. Anus bleeding present (Ad. expert opinion)
History of homosexual harassment
Opinion: simple injuries caused by hard and blunt object duration 1/2 day.”
However, during the course of trial, all the witnesses, namely, mother, father and the victim himself have not supported the prosecution case.
Considering the fact that the prosecution case has not been supported by the witnesses, it would be appropriate to enlarge the accused-applicant on bail, who is in jail since 22.10.2015.
Let applicant Phoolchand 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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 :- 16.4.2020