HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 11617 of 2020
Applicant :- Rahul
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Amrendu Singh
Counsel for Opposite Party :- G.A.
Hon’ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant is involved in Case Crime No.211 of 2019 under sections 354 I.P.C. and section 3(2)(v) SC/ST Act and section 8 of the POCSO Act, P.S. Tindwari, District Banda.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case; he has not committed any offence and the prosecution story is false and fake. It has further been submitted that from the bare perusal of the statement of the victim recorded under sections 161 and 164 Cr.P.C., no case is made out against the applicant and there are contradictions in the statements of the victim. It has also been submitted that no statement of independent witness was recorded by the investigating officer during the investigation. The applicant is in jail since 07.12.2019 and he has no previous criminal history. It has also been submitted the charge-sheet has already been filed in the case on 04.12.2020 and thus, there is no possibility of accused applicant influencing the investigation. It has also been submitted that there is no possibility of the applicant’s fleeing away from the judicial process or tampering with the witnesses. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Rahul be released on bail in the aforementioned case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. 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.
4. 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 :- 17.3.2020