Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26041 of 2016 Applicant :- Bindu Baheliya Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.,Pramod Kumar Mishra,Suneel Kumar Mishra
Hon'ble Ramesh Sinha,J.
Heard Sri Vidit Narayan Mishra, learned counsel for the applicant, Suneel Kumar Mishra, learned counsel for the complainant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 25.12.2015 and his trial is not concluded till date. He next submitted that all the prosecution witnesses of fact have been examined during the trial and only formal witness remains to be examined. He next submitted that similarly placed co-accused Pappu Baheliya has already been enlarged on bail by another Bench of this Court vide order dated 22.2.2018 passed in Criminal Misc. Bail Application No. 27035 of 2016.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Bindu Baheliya involved in Case Crime No. 1098 of 2015, under Sections 452, 376D, 306 I.P.C. and section 3/4 Protection of Children from Sexual Offences (POCSO) Act, 2012, P.S. Padari, district-Mirzapur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the 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. However, considering the peculiar fact and circumstances of the case the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of three months from the date of production of certified copy of this order before the trial court.
The applicant is directed to produce the certified copy of this order before the trial court for its compliance.
Order Date :- 27.4.2018 Faridul