Court No. - 52
Case :- CRIMINAL APPEAL No. - 1561 of 2018 Appellant :- Ashish Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Sushil Dubey Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Annexure CA-1 of the counter affidavit filed by learned AGA indicates that notice has been served on respondent no. 2 yet no one appeared on his behalf.
Heard learned counsel for appellant, learned A.G.A. for the State- Respondent and perused the paper book.
This Criminal Appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed questioning the correctness of the order 2.1.2018 passed by Special Judge, SC/ST (P.A.) Act/ Additional Session Judge, Mainpuri in Case Crime no. 94 of 2017, u/s 363, 366, 376, 504, 506 IPC and 3(2)5 and 3(1)10 SC/ST Act, P.S. Dannahar, District Mainpuri whereby his prayer for bail has been rejected.
It is contended by counsel for the appellant that the victim as per the F.I.R. itself is aged about 19 years. According to her statement u/s 161 Cr.P.C. she has stated that the applicant for about one month had committed rape on her in a room rented by the applicant and from it, it can safely be inferred that the victim was in consensual relation with the applicant. He further submits that no statement u/s 164 Cr.P.C. was recorded on account of refusal by the father of the prosecutrix. The appellant is in jail since 1.7.2017.
Per contra learned AGA has vehemently opposed the prayer for bail and supported the impugned order. However he could not point out anything material on the contrary.
Considering the facts and circumstances of the case and keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is, accordingly, allowed. Impugned order dated 2.1.2018 is, hereby, set aside.
Let appellant, Ashish Yadav be released on bail in aforesaid Case Crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i). The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 appellant 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 appellant misuses the liberty of bail 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 appellant 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 24.9.2018 Dhirendra/