Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
Learned Counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in this case. The applicant has not committed any offence as alleged in the FIR. In the statements recorded under Sections 161 and 164 of Cr.P.C., the prosecutrix herself has not supported the prosecution story. There are material contradictions in both the statements. As per the FIR, the victim was enticed by the accused applicant on 28.03.2021 and on the next day i.e. 29.03.2021, she was recovered by the police of Police Station Mahanagar, Lucknow from Hanuman Setu. A copy of recovery memo has been filed as Anexure 2 to the affidavit. The charge-sheet has already been filed 04.04.2021. The applicant has no previous criminal history. The applicant is in jail since 28.03.2021. There is no allegation with regard to non-cooperation with the investigating agency. In case, the applicant is released on bail, he will appear before the trial court as and when requires and shall also abide by the conditions of bail imposed by this Court.
Per contra, learned AGA has opposed the prayer for bail and submitted that in the statement recorded under Section 164 of Cr.P.C., the prosecutrix has specifically stated that she has been taken away forcibly by the applicant. The prosecturix is aged about 14 years. The learned A.G.A. has not disputed the fact that the applicant is in jail since 28.03.2021, the charge-sheet has already been filed and the victim has already been recovered.
Without entering into the merits of the case and keeping in view the facts and circumstances of the case, arguments advanced by learned Counsel for the parties, the period of incarceration and also there is no reason of apprehension that he would not co-operate with the trial, his presence can not be ensured, he will not abscond, he will not tamper with the prosecution witnesses and the evidence in absence of any concrete material, and also the fact that the applicant has no previous criminal history, the investigation has already been completed and the charge-sheet has been filed, thereisno likelihoodoftrialbeingcompletedwithinareasonabletime, the victim has already been recovered, I am inclined that it is a fit case for grant of bail to the applicant.
Accordingly, the bail application is allowed.
Let the applicant Aditya Verma alias Chhotu be released on bail in Case Crime No.0095 of 2021, under Sections 363, 366 IPC, Police Station Maha Nagar, District Lucknow on his furnishing personal bonds and two reliable sureties each of the like amount to the satisfaction of the 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, if 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 fail 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 :- 17.8.2021 akverma