Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41103 of 2016 Applicant :- Charan Singh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sayed Sohail Asgar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Learned counsel for the applicant has filed supplementary affidavit today in court, which is taken on record.
Heard Sri Suresh Singh, learned counsel for the applicant, Sri Surendra Kumar Tripathi, who has filed vakalatnama on behalf of the complainant which is taken on record land Sri L.D. Rajbhar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the prosecutrix as per the medical report is aged about 16 years. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out. From perusal of the statement of the prosecutrix recorded u/s 164 Cr.P.C. it appears that she voluntarily eloped with the applicant and travelled at various places but she did not raise any alarm for her rescue and she has also taken some cash and ornaments from her house while eloping with the applicant, allegation of rape has been levelled against the brother of the applicant who was not charge sheeted and charge sheet has been submitted against the applicant only. He next argued that during the course of trial witnesses of fact have been recorded and only formal witnesses are to be left and there are no chance of tempering with the evidence. The applicant has no other reported criminal antecedent. The applicant is in jail since 20.12.2015 Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail.
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 Charan Singh Yadav involved in Case Crime No. 478 of 2015, under Sections 363, 366, 376(2) Jha I.P.C. and 3/4 POCSO, Police Station Manjhanpur, District Kuashambi, 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 and conclude the same 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 :- 26.10.2018 Ashok Gupta