Court No. - 43
Reserved On.- 18.11.2019
Delivered On.-26.11.2019
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27034 of 2019 Applicant :- Amit Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Rama Shankar Mishra, learned counsel for applicant, Sri Prabhash Pandey, the learned A.G.A and perused the record.
Applicant- Amit seeks bail in Case Crime No.272/2018, under Sections 366/376-D IPC, P.S. Anoopshahar, Bulandshahar.
It is submitted by learned counsel for the applicant that the victim was in consensual relationship with the applicant but was married to one Bhupendra against her wish, subsequently, matrimonial differences erupted between the spouse, she left her matrimonial home and started residing at her parental house, on the day of occurrence, the victim was seen in the company of applicant on a two-wheeler, in a public place without raising any hue and cries, suggesting a consenting relationship, FIR is malafidely motivated as otherwise applicant claims to have no previous criminal history, is in jail since 5.8.2018, 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 :- 26.11.2019 Chandra