Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6351 of 2016 Applicant :- Chandrabhan @ Sugam Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Tiwari,Manvendra Narain Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri M.N. Pathak, learned counsel for the applicant and Sri I.P. Srivastava, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the prosecutrix who is herself informant of the case is a major girl and has lodged the FIR against the applicant after more than one month of the incident. It has been next submitted that there was some relationship between the applicant and the victim which could not be materialised, hence the present FIR. It has beeen submitted that there has been no statement recorded under Section 164 Cr.P.C. nor there is any medical conducted and final report was submitted. I.O. has moved an application to the District/Sessions Judge, being a POCSO Court for recording the statement of the victim girl but the said application was rejected by order dated 7.10.2013 on the ground that as the victim has self lodged the FIR so there is no need for recording of the statement under Section 164 Cr.P.C. It has been further submitted that the trial of the present case is pending and the victim-prosecutrix who has lodged the FIR has not appeared before the trial court to give evidence and NBW has been issued on 29.7.2015 as it appears from the ordersheet annexed in the supplementary affidavit. The applicant has no other reported criminal antecedent. The applicant is in jail since 7.9.2015.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and 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.
Let the applicant Chandrabhan @ Sugam Srivastava involved in Case Crime No.1346 of 2013 under Section 363, 366, 376, 504, 506 IPC, Police Station Tarayasujan, District Kushinagar 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 23.2.2018 Deepika