Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is the second bail application. The first bail application was rejected vide order dated 18.4.2019 passed in Bail No.2372 of 2018.
Rejoinder affidavit filed by learned counsel for the petitioner is taken on record.
Learned counsel for the applicant submits that all the fact witnesses have been examined even two formal witnesses have also been examined, therefore there is no chance of tampering with the evidence. The applicant is in jail since 17.10.2017. P.W.5 Dr. Sanjay Jain has given statement before the learned trial court stating that no sign of injury was found on the body of the prosecutrix and also no sign of struggle or injury has been found. He further submits that the prosecutrix at the time of incident would have been 17 years old. The applicant has no criminal history.
It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
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.
Considering the facts that all the fact witnesses have been examined; applicant is in jail since 17.10.2017; applicant has not previous criminal history and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Chatra Pal involved in Case Crime No. 224 of 2017, under Section 376-D, 506 Indian Penal Code, Police Station Khairabad, District Sitapur, be released on bail on his 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 19.2.2021 Madhu