Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27850 of 2019 Applicant :- Deepu Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.,Vivek Singh
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. 288 of 2019, under Sections 363, 376 IPC and Section 3/4 POCSO Act, P.S. Phase-3, District Gautam Budh Nagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Learned counsel for the applicant has further submitted that the FIR of this case was lodged by father of the victim on 05.03.2019. As per the allegation made in the FIR it is alleged that the minor daughter of the informant, which is aged about 17 years was enticed away by the applicant with the help of his family members. As per the medical examination report the age of the victim is 16 years 5 months. Her statement under Section 161 and 164 were recorded in which she has not supported the prosecution version, and stated that she is aged about 16 years and on her own volition she joined the company of the applicant and made physical relation with him on her own volition. He lastly submitted that the applicant is in jail since 06.03.2019, 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, 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- Deepu 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. 288 of 2019, under Sections 363, 376 IPC and Section 3/4 POCSO Act, P.S. Phase-3, District Gautam Budh Nagar, 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 :- 30.7.2019/v.k.updh.