1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in Crime/FIR No.0444 of 2020, under Section 366 IPC lodged at Police Station Isha Nagar, District Lakhimpur Kheri.
3. As per allegations in the FIR, the prosecutrix, aged about 15 years, went missing since 12.09.2020 when she went to answer call of nature at 5 a.m.; the prosecutrix was recovered on 18.09.2020 and subjected to medical examination; her medical age has been determined to be 18-20 years; in her statements recorded under Sections 161 and 164 CrPC, the prosecutrix did not allege any sexual offence by the accused-applicant, rather said that she knew the accused-applicant for one year; on the date of incident, when she went to answer the call of nature at 5 a.m., the accused-applicant met and asked her to sit on the motorcycle; the accused-applicant took her to Tambaur and left her there; she was weeping on the road and one Baba came there and took her to his home where she stayed for six days; thereafter, the family members reached to the Baba and brought her with them; the accused-applicant is having criminal history of one case under Section 376 IPC, but he is on bail.
4. Considering the age of the prosecutrix, allegation levelled against the accused-applicant, the story step up by the prosecutrix and without commenting any further upon merit of the case, I find it to be a fit case for enlarging the accused-applicant on bail, who has been languishing in jail since 12.10.2020.
5. Let applicant-Abdul Rasheed alias Nankoo, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and 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(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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.
[D.K.Singh,J.] Order Date :- 8.4.2021 MVS/-