HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 30444 of 2019
Applicant :- Radheyshyam Maurya
Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Singh,Ramesh Chandra Yadav
Counsel for Opposite Party :- G.A.
Hon’ble Pankaj Naqvi,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Manoj Kumar Singh, learned counsel for applicant, Dr. S.B. Maurya, the learned A.G.A. and perused the records.
Applicant – Radheyshyam Maurya seeks bail in Case Crime No.209/2019, under Sections 354, Section376 IPC, P.S. Madhuban, District – Mau.
It is submitted by learned counsel for the applicant that the there exists previous animosity between the applicant and the informant as alleged in paragraphs-14 and 19 relating to payment of certain outstandings, the FIR was initially lodged under Section 354 IPC, which version was maintained in the statement of the victim on 26.5.2019, but she exaggerated the allegations for ulterior motives in her subsequent statement under Section 164 CrPC on 9.6.2019, victim a married lady is around 21 years, applicant is in jail since 26.5.2019, undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA has opposed the prayer for bail, but could not demonstrate any material to the contrary.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Radheyshyam Maurya involved in aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being 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 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 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 :- 10.12.2019
N.S.Rathour
