Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30642 of 2019 Applicant :- Babu Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Mishra,Rajiv Kumar Mishra Counsel for Opposite Party :- G.A.,Priyanka Devi
Hon'ble Rajeev Misra,J.
Heard Mr. Rajiv Kumar Mishra, learned counsel for the applicant, the learned A.G.A. for the State and Ms. Priyanka Devi, learned counsel for the complainant.
Ms. Priyanka Devi, learned counsel for the informant granted a weeks' time to file counter affidavit vide order dated 7.8.2019. However, no counter affidavit has been filed till date.
This bail application has been filed by the applicant Babu Khan, seeking his enlargement on bail in Case Crime No. 167 of 2019 under Sections 376, 506 IPC P.S. Ait, District Jalaun during the pendency of the trial.
As per the prosecution story as unfolded in the F.I.R., the criminality is alleged to have been committed upon the victim by applicant while she had gone to perform Pooja. The victim was medically examined on 7.7.2019. The statement of the victim under section 161 Cr.P.c. was recorded on 77.7.2019 followed by her statement under section 164 Cr.P.C. on 8.7.2019.
Learned counsel for the applicant submits that applicant is innocent. The applicant has been falsely implicated in the above mentioned case crime number. The applicant is in jail since 11.7.2019. It is then submitted that the victim is aged about 42 years and the place of occurrence is applicant's house, wherein, he resides with son and daughter-in-law etc. As such, it is impossible to believe that the alleged criminality could have been committed by applicant. It is thus urged that the applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, he could not dispute the factual and legal submissions raised by learned counsel for the applicant.
Having heard the learned counsel for the applicant and the learned A.G.A. for the State and upon perusal of the material brought on record as well as the complicity of the applicant and without making any comment on the merits of the case, I find that applicant has made out a case for bail. Accordingly, the bail applicant is allowed.
Let the applicant Babu Khan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 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/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 :- 26.8.2019 Arshad