Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23106 of 2019 Applicant :- Chhotu Opposite Party :- State Of U.P. Counsel for Applicant :- Mamta Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mamta Singh, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Chhotu with a prayer to release him on bail in Case Crime No. 204 of 2018, under Sections 363, 366, 376-D, 342, 504 I.P.C., Police Station- Jeeyanpur, District- Azamgarh, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the allegations made in the F.I.R., which was lodged by the mother of victim, on 04.07.2018 at about 04:00 p.m., the victim, who is 22 years old and was already married on 29.04.2018, was forcibly taken away by the co-accused-Sonu with the help of the applicant. The family members tried to search for her but when she could not be found, the present F.I.R. has been lodged. After recovery of the victim, her statement under Section 161 Cr.P.C. was recorded wherein she has stated that she was forcibly taken away by the co-accused-Sonu with the help of his cousin Chhotu (applicant herein), who is driver of the vehicle in question. During course of investigation, the statement of the victim under Section 164 Cr.P.C. was recorded in which the allegation of sexual assault has been made against the co- accused-Sonu as well as the applicant. It is next submitted that in the statements under Sections 161 and 164 Cr.P.C., it has been stated that the victim along with the co-accused-Sonu came to the Allahabad High Court on 21.07.2018 and 24.07.2018, where after conversation with the lawyers, the statement of the victim was recorded. It has also been mentioned that the victim travelled to Banaras as well as Allahabad along with the co-accused-Sonu and she stayed for about 20 days and she had an opportunity of raising alarm at every place but she had not raise any alarm or objection. Learned counsel for the applicant has drawn the attention of the Court to Annexure no.9 at page 55 to the affidavit accompanying the bail application, to show that the victim has given statement before the concerned court below wherein she stated that she had already been married to Satish Yadav and the co-accused-Sonu had forcibly taken her away. The applicant being cousin of the co-accused-Sonu has been falsely implicated in the present case whereas allegation regarding sexual assault by applicant has been introduced for first time in the statement of the victim under Section 164 Cr.P.C. The applicant is languishing in jail since 01.04.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
Order Date :- 3.6.2019 JK Yadav