Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29524 of 2019 Applicant :- Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 809 of 2019, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Shamli, District Shamli, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. He next submitted that the bail application of the applicant was rejected by Additional Session Judge/Spl. Judge POCSO Act, Shamli on 20.06.2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Shamli, District Shamli. It is contended that the age of the victim was 18 years. The father of the victim has lodged the FIR mentioning therein that on 19.04.2019 at about 4.00 p.m., his daughter Km. Neetu left her place after taking necessary documents and Rs. 6,000/- cash. It has further been mentioned in the FIR that probably she joined the company of applicant. He next contended that after four day of lodging the FIR, the victim was recovered on 29.04.2019, and after recovery, her statement recorded under Section 161 Cr.P.C. was recorded on 29.04.2019. She has stated in her statement that both were residing in Goger, State of Punjab for two days and thereafter went to Pathankot and she joined the company of applicant on her own volition. The statement under Section 164 Cr.P.C. of victim has been recorded, in which she has stated almost the same version as given in the statement under Section 161 Cr.P.C. She has no objection to join the company of the applicant. It appears that she is consenting party. He lastly submitted that the applicant is in jail since 03.05.2019, is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Deepak be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 809 of 2019, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Shamli, District Shamli, with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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 THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSE 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 APPLICANTS ARE 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 APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 25.7.2019 v.k.updh.