Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37132 of 2021 Applicant :- Dayanand Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Gyanendra Singh,Diwakar Tiwari Counsel for Opposite Party :- G.A.,Vimlesh Kumar
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the informant and perused the material on record.
The applicant seeks bail in Case Crime No. 54 of 2021, under Sections 363, 366 IPC, P.S. Chilla, District Banda.
As per prosecution story, minor daughter (aged about 15 years) of the informant, has been enticed away by the applicant. left her home on 22.02.2021 at 11 p.m. in the night without informing any family members.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim in her statement said to have been recorded under Sections 161 & 164 Cr.P.C. has not supported the case of the prosecution and she had stated that she had gone with the applicant out of her own sweet will. The victim in her statement said to have been recorded under Sections 161 & 164 Cr.P.C. has not levelled any allegations against the applicant. The victim in her statement has admitted her age as 18 years and there is no report of doctor as to her age. The applicant is in jail since 14.07.2021.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary. He submits that the investigation is now complete and the charge sheet has been filed.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case.
Let the applicant- Dayanand Tiwari, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 24.12.2021/RavindraKSingh