Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.163 of 2020, under Sections 363, 342, 323, 506 IPC, Police Station Patti, District Pratapgarh.
It is alleged that accused-applicant and co-accused, Ravi Yadav enticed away the prosecutrix, aged around 15 years. The prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has stated that the accused-applicant took her to the nearby village and left there and, on the next day she came back. In the medical examination of the prosecutrix, her age has been determined to be 16-18 years. From the statement of the prosecutrix recorded under Sections 161 and 164 CrP.C. it appears that the prosecutrix was in some kind of relationship with co-accused, Ravi Yadav and the present accused-applicant assisted Ravi Yadav to take the prosecutrix away from her parents. The accused-applicant is in jail since 6.10.2020.
Learned counsel for the accused-applicant submits that co-accused, Ravi Yadav has been granted bail by the trial court itself.
Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.
Let applicant Ashutosh Tiwari @ Suraj Tiwari be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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.
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 :- 20.1.2021 Rao/-