Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28901 of 2019 Applicant :- Aman Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ved Prakash Shukla, learned counsel for the applicant and Mr. Om Prakash Mishra, learned counsel for the State as well as perused the material on record.
Heard Sri Mohan Yadav, learned counsel for the applicant and Sri Om Prakash Mishra, learned A.G.A. for the State.
Perused the material on record.
The present bail application has been filed by the applicant- Aman Shukla with a prayer to enlarge him on bail in Case Crime No. 117 of 2019, under Sections 363 and 366 I.P.C. and Sections 17/18 POCSO Act, Police Station-Nigohi, District-Shahjahanpur, during the pendency of the trial.
It has been argued by learned counsel for the applicant that as per the allegations made in the first information report lodged on 23rd March, 2019 at 09:00 (morning), the victim went to take tuition, when she did not return, the informant and other family members tried to search for her and in between the informant came to know from two children, resident of same village that the victim was enticed away by the accused persons. The victim has been recovered safely, her statements under Sections 161 and 164 Cr.P.C. have been recovered, wherein she has stated that the victim went along with the co-accused Satyam to Moradabad, where she married him and stayed there as husband and wife. It has further been argued by the learned counsel for the applicant that the aforesaid statements of the victim indicate that the victim has not been kidnapped or enticed away. She went along with co-accused Satyam on her own free will and married him on her own sweet will. As per the own testimony of the victim, she is 17 years old. The victim has refused to get herself medical examined externally as well as internally. The applicant is innocent and due to village politics and friend of co-accused Satyam, he has been falsely implicated in the present case. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 15th May, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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.
(Manju Rani Chauhan, J.) Order Date :- 30.7.2019 Sushil/-