Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23401 of 2019 Applicant :- Arvind Singh Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avijit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Avijit Saxena, learned counsel for the applicant, Sri Piyush Tripathi, learned A.G.A. for the State and perused the material available on record.
The instant bail application has been filed on behalf of the applicant Arvind Kumar Yadav with a prayer to release him on bail in Case Crime No. 607 of 2018 under Sections 376-Gha (A), 323, 506 IPC and 4 POCSO Act and 3(1) Da, 3(2)VA, 3(1)V SC/ST Act, Police Station-Kotwali Nagar, District Mahoba during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is neither named in the FIR nor in the statement recorded under Section 161 Cr.P.C. For the first time, his name has been introduced in the statement recorded under Section 164 Cr.P.C. of the prosecutrix. There are variations in the version of the FIR and statements recorded under Sections 161 and 164 Cr.P.C. As per medical report, age of the girl is about 16 years. It has also been argued by learned counsel for the applicant that the prosecutrix is having friendly relation with accused Shahrukh Khan and the present applicant has been falsely implicated with ulterior motive. The applicant is languishing in jail since 16.3.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
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.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Arvind Singh Yadav 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.
Order Date :- 6.6.2019 Mohit Kushwaha