Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31412 of 2019 Applicant :- Ankit Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Bhajan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard R.B.Chaudhary, learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 1295 of 2018, under Sections 363, 376D, 506 IPC read with Section 5/6 POCSO Act, P.S. Loni Border, District Ghaziabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR of the incident was registered by the uncle of the victim, namely, Dhruvram on 25.09.2018 for the incident said to have been taken place on 19.09.2019 at Police Station Loni Border, District Ghaziabad against Sabir and Ankit. Learned counsel for the applicant submitted that the age of the girl is 17 years and she is pursuing her class XII and she went to attend the tuition she met Ankit and Sabir. She in her statements under Section 161 Cr.P.C. and 164 Cr.P.C. in which she state that she in the affair with Sabir and Ankit, the role of physical assault is to Sabir and there is no allegation of rape against the applicant. Learned counsel for the applicant submitted that co-accused Javed @ Kallu who is enlarged on bail by the coordinate Bench of this Court by order dated 27.03.2019 in Crl. Misc. Bail Application No. 11160 of 2019. The case of the applicant stand on similar footing qua the Javesh and the case of Sabir, who is main accused, is clearly distinguishable. He lastly submitted that the applicant is in jail since 22.05.2019 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Ankit be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 1295 of 2018, under Sections 363, 376D, 506 IPC read with Section 5/6 POCSO Act, P.S. Loni Border, District Ghaziabad with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 30.9.2019 Abhishek Sri.