Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43348 of 2021 Applicant :- Balvir Opposite Party :- State of U.P.
Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 111 of 2021 under Sections 452, 354A, 323, 504, 506 IPC and 7/8 POCSO Act, Police Station - Derapur, District - Kanpur Dehat with the prayer to enlarge the applicant on bail.
The report of this incident was lodged on 18.05.2021 against present accused Balbir (applicant), Manish and Sone Lal. The present FIR was lodged by the complainant herself and it was alleged that on 17.05.2021 at about 8:00 P.M. in night she was alone at home, accused Balbir entered and caught her hand. Then, he started doing molestation with her. On her opposition, he cut on her left hand with his mouth. The incident was told by her to father and brother. Her father went to the house of the accused to complain about, then, the present accused, Manish and his father Sone Lal (accused) gave warning her father to get back or he would be killed. It is also alleged in the FIR that her father had suffered great injuries and he was driven away and abused by the accused persons.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted by the learned counsel for applicant that there is simple allegation of Section 354A IPC, which is triable by the Court of Magistrate and there is no independent witness of the alleged incident of molestation. It is also argued by the learned counsel for the applicant that the alleged victim was found to be aged about 17 years according to her medical examination, thus, she was major on giving two years' margin to the higher side of her age. Lastly, it is argued that the applicant is in jail since 5.9.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering the evidence of alleged molestation, considering that the offence is triable by the Court of Magistrate and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Balvir involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 28.10.2021 LBY