Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 438 Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No.0257 of 2019, under Sections 354 and 506 I.P.C. and Section 7/8 of POCSO Act, Police Station Itaunja, District Lucknow.
Learned counsel for the applicant submits that there is no allegation against the accused applicant with respect to offences under Section 354 I.P.C. and 7/8 of POCSO Act. However, it appears that the charge sheet was filed under the aforesaid provision against the accused applicant on which the learned Magistrate has taken cognizance and the accused has been summoned under Section 354 I.P.C. & 7/8 of POCSO Act.
Sri Pawan Kumar Singh, learned A.G.A., however, submits that a supplementary charge sheet subsequent to the earlier charge sheet has been filed and the offences under Section 354 I.P.C. & 7/8 of POCSO Act have been dropped against the accused applicant.
Be that as it may, since as per the stand of the State the only offence under Section 506 I.P.C. against the accused applicant is made out, it would be appropriate to grant him anticipatory bail in respect of offences under Section 354 I.P.C. & 7/8 of POCSO Act. Accordingly, the anticipatory bail application is allowed.
This Court directs that the accused applicant, namely, Ashok Agarwal, involved in Crime No.0257 of 2019 shall surrender before the court below on or before 02.03.2021 and he shall be released forthwith on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions which are 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; and
(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 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.
(v) The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.2.2021 Anand Sri./-