Heard Sri Anil Kumar Awasthi, the learned counsel for the applicant, the learned AGA for the State and perused the record.
According to the prosecution, on 21.12.2019 at about 11 p.m., 3 accused persons including the applicant forcibly entered the house of the prosecutrix and the co-accused Durgesh committed rape on her.
Learned counsel for applicant has contended that the applicant has been falsely implicated in this case. He has contended that as per her school certificate, the prosecutrix is about 20 years of age and there is no mark of injury suggesting forcible sexual assault in the medical report. It is contended that there is no allegation of rape against the applicant. It has been pointed out that the co-accused, Deepu who has been ascribed a similar role has been enlarged on bail in Bail No. 8751 of 2020, Deepu v. State. Lastly, it is contended that the applicant has no criminal history and he is languishing in jail since 30.06.2020. The counsel contends that the charge sheet in the matter has already been submitted and there is no possibility of the applicant fleeing from judicial custody or tampering with the witnesses. The counsel assures the Court that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but he could not dispute the facts as argued by the counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Amit Dhobi, involved in Case Crime No. 312 of 2019, under Sections 452, 376, 504, 506 IPC, Police Station Maanpur, District Sitapur be released on bail on his 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 would 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 CrPC 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 CrPC. 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 :- 19.1.2021 Anurag