1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the file, include the Annexures attached therewith.
2. This application under Section 439 CrPC seeks bail in FIR No.0067 of 2018, under Sections 376(D), 323, 504 and 506 IPC and 3/4 POCSO Act lodged at Police Station Sandana, District Sitapur.
3. It is submitted that in respect of aforesaid crime, Special Trial No.106 of 2018 is pending in the Court of Special Judge, POCSO Act, Sitapur. This Court, initially granted bail to the accused-applicant. However, on 02.08.2019, the accused-applicant could not remain present before the trial Court and, therefore, his bail was cancelled, and non-bailable warrant was issued against him. The accused-applicant moved an application for recall of order dated 02.08.2019, issuing non-bailable warrant against him. The learned trial Court vide order dated 23.09.2019 has rejected the application for recall of the order dated 02.08.2019 whereby non-bailable warrant was issued against the accused-applicant.
4. I have considered the arguments made by Mr. Sunil Kumar Singh, counsel for the accused-applicant as well as Mr. S.N. Bajpai, learned Additional Government Advocate.
5. The accused-applicant was not present before the Court only on one date i.e. 02.08.2019. Immediately, he moved an application on 06.08.2019 for recall of the order. However, the trial Court has not recalled the order, and the accused-applicant has been arrested, and he is in jail since 07.09.2019.
6. Considering the fact that the accused-applicant has jumped the bail only once, let the accused-applicant (Chhota Raidas) be released on bail in the aforesaid trial on filing his furnishing a personal bond of Rs. 50,000/-, and two sureties of the like amount with 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law; and
(v) if the applicant does not appear before the Court on each and every date, and his bail is cancelled, this Court will not take any lenient view.
[Dinesh Kumar Singh,J.] Order Date :- 29.11.2019 MVS/-