Court No. - 43
Reserved On.- 25.9.2019
Delivered On.-30.9.2019
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32957 of 2019 Applicant :- Ahibaran @ Kallu Jatav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Dinesh Kumar Verma, learned counsel for applicant and the learned A.G.A.
Applicant- Ahibaran @ Kallu Jatav seeks bail in Case Crime No.596/2017, under Sections 366/376/342 IPC, P.S. Bharthana, Etawah.
It is submitted by learned counsel or the applicant that FIR is malafidely motivated as the same was lodged at the instigation of the husband of the victim for ulterior motives, coupled with the fact that the victim is now living together with the applicant, of which cognizance was taken by this Court in its order dated 12.9.2018 in Criminal Misc. Writ Petition No.25286/2018, applicant claims to have no previous criminal history, is in jail since 14.5.2019, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
Learned AGA has opposed the prayer for bail but could not demonstrate anything contrary to the above submission.
Considering the facts and circumstances of the case as also the contentions noted above, am inclined to enlarge the applicant on bail.
Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two 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 deliberate 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 :- 30.9.2019 Chandra