Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22906 of 2021 Applicant :- Dablu @ Ashwani Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Partap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 459 of 2020 under Sections 363, 366, 376 IPC and 7/8 POCSO Act, Police Station - Express-Way, District - Gautam Budha Nagar with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant about the disappearance of his daughter and it was alleged in the report that the named accused Dablu @ Ashwani has enticed away his daughter on 4.12.2020, the age of complainant's daughter was alleged in the FIR 14-15 years. It is also stated that the complainant's daughter is mindless. The FIR was lodged on 18.12.2020 and she was recovered thereafter.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted by the learned counsel for applicant that the girl was in consensual relationship with the present accused and she was major on the date of the incident, which is evident from her medical examination in which she was found to be about 19 years of age, the medical examination report is annexed at page - 24 of this bail application. The alleged victim did not allow her internal medical examination to be conducted. Learned counsel also submits that the girl has not supported the prosecution version in her statements recorded under Section 161 and 164 Cr.P.C. Lastly, it is argued that the applicant is in jail since 31.12.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. Shri Rohit Nandan Pandey appearing on behalf of the complainant also opposes the bail application.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Dablu @ Ashwani involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 LBY Digitally signed by Justice Ajit Singh Date: 2021.08.26 12:00:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad