1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Despite notice having been received to the complainant/victim, no one appears on behalf of the complainant.
2. The present bail application has been filed by the applicant in FIR No.0154 of 2019, under Sections 363, 366 IPC, 7/8 POCSO Act, 3(2)(v) S.C./S.T. Act, Police Station Pachdewra, Hardoi.
3. It is alleged that the accused-applicant enticed away the prosecutrix, aged about 16 years on the date of the incident from her home. The prosecutrix was recovered and subjected to medical examination and in her medical examination, her age has been determined to be 16 years. It is also opined that there is no sign of recent penetration in vagina. There was no physical mark of any violence present on the body of the prosecutrix. The prosecutrix in her statement recorded under Section 164 Cr.P.C. has not supported the prosecution case and said that the prosecutrix went with the accused-applicant on her own without any force or coercion and she was in love with him. The accused-applicant has been in jail since 19.06.2019.
4. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
5. Let applicant Brajbhan Singh @ Bhoora Singh be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 :- 9.2.2021 prateek