Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37444 of 2019 Applicant :- Chandgi Ram @ Chandi Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.,Phoolbadan Yadav
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 66/2019, under Sections 376, 506 IPC, P.S. Iradat Nagar, District- Agra is seeking enlargement on bail during the trial.
Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the FIR was got registered by brother of the victim on 12.06.2019, u/s 376, 506 IPC for the incident said to have taken place on 31.05.2019 against the applicant. It is further submitted that the applicant was fiancee of the victim. The marriage was settled about one and half years back. Since they are going to be a "would be couple" and they have crossed all the limits at the premarital stage and established physical relationship. Later on the applicant has got a service in the Indian Army and he tried to wriggle out from his promise and as an arm twisting this FIR has been lodged. As per medical, the age of the victim comes around 20 years. Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant states that he has made an unqualified statement at the bar on behalf of the father of the applicant that the rival parties have come to truce and the applicant is ready to marry with the victim and as soon as the applicant would come out from the jail, he would marry with the victim. It is further submitted that the applicant is in jail since 18.07.2019 having no criminal antecedents except the present case.
Learned AGA as well as Sri Phoolbadan Yadav, learned counsel for the complainant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Taking into account the statement of Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant and willingness of the rival parties, I am of the view that the applicant has made out a fit case for bail.
Let the applicant Chandgi Ram @ Chandi, 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 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 :- 30.9.2019 Nisha