Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3089 of 2019 Applicant :- Boby @ Mohan Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pankaj Kumar Sharma , learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Boby @ Mohan Lal with a prayer to enlarge him on bail in Case Crime No. 04 of 2018, under Sections 363, 366A, 376-D, 506 I.P.C., and Section 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station- Sidhpura, District-Kasganj.
It is contended by learned counsel for the applicant that it is a case of false implication. All the accused persons are related to each other and though allegation of rape has been levelled against all of them in the statement of the prosecutrix recorded under section 164 Cr.P.C. but the same does not corroborate by her medical examination report. The applicant is claiming parity with other co-accused person namely, Shilendra, who has been granted bail by another Bench of this Court on 04.01.2019, passed in Criminal Misc. Bail Application No. 47405 of 2018 as well as accused namely, Soran, who has been granted bail by this court vide order dated 20.02.2019 passed in Criminal Misc. Misc. Bail Application No. 7249 of 2019, copies of which orders have been produced before this Court and are taken on record. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 08.05.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but does not dispute the contention of the learned counsel for the applicant regarding parity of the applicant with co-accused Shilendra, Soran, who have been assigned the same role.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
Order Date :- 27.2.2019 S.Ali