HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Case :- BAIL No. – 6927 of 2018
Applicant :- Sunil Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Salman,Mohd. Zishan
Counsel for Opposite Party :- G.A.
Hon’ble Dinesh Kumar Singh,J.
1. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR lodged at Case Crime No.1130 of 2017, under Section 377 IPC and 5 M/6 POCSO Act lodged at Police Station Kotwali, District Unnao.
2. This Court vide order dated 17th January, 2020 called for a report from the trial Court regarding status of trial. The learned Presiding Officer, in his report dated 1st February, 2020 pursuant to the order dated 17th January, 2020 passed by this Court, has informed that on 19th April, 2018 charge was framed; the case was fixed on 1st May, 2018 for evidence; since then the case is listed for evidence, but the prosecution has not examined any witness so far.
3. The accused applicant is in jail since 7th October, 2017 as narrated in para-18 of the affidavit filed in support of the bail application. The prosecution has failed to examine single witness since 1st May, 2018. Thus, the trial of the case would take sufficient long time as the prosecution does not appear to be interested in examining the witnesses. In view thereof, I find it to be a fit case for grant of bail.
4. Let applicant-Sunil Kumar, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are 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 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 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;
(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 :- 17.4.2020