Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15425 of 2018 Applicant :- Dharmendra Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Tripathi 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. 45 of 2018, under Section 376 IPC, P.S. Vishunpura, District Kushinagar is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that after extending promise to marry the victim has surrender before the applicant and established physical relationship. Thereafter the applicant has wriggled out from the promise. The age of the prosecutrix is 18 years and she in her statement under Section 164 Cr.P.C. she stated that she is now pregnant from the applicant. Learned counsel for the applicant has drawn my attention to the two affidavits of Parvati and Lallan the parents of the applicant and who has given the undertaking that if the applicant released on bail.They would marry their son with the victim. He lastly submitted that the applicant is in jail since 14.02.2018 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but 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 and relying upon the affidavits, I find it to be a fit case for bail. In view of the above, let the applicant- Dharmendra Kushwaha 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. 45 of 2018, under Section 376 IPC, P.S. Vishunpura, District Kushinagar with the following conditions:-
(i) After the release of the applicant on bail, it is the parent who will have tostick by the terms of affidvit and ensure that their son would marry with victim, if she has got no objection.
(ii) THE APPLICANT/APPLICANTS 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.
(iii) THE APPLICANT/APPLICANTS 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 THEM UNDER SECTION 229- A IPC.
(iv) IN CASE, THE APPLICANT/APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(v) THE APPLICANT/APPLICANTS 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 THEM IN ACCORDANCE WITH LAW.
(vi) 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.
(vii) THE C.J.M., KUSHINAGAR IS DIRECTED TO SEE THAT THE MARRIAGE BETWEEN THE APPLICANT AND PROSECUTRIX IS SOLEMNIZED WITHIN THE PERIOD OF ONE MONTH AFTER HIS RELEASE ON BAIL AND IN THE EVENT THE APPLICANT DENIED TO MARRY THEN IT WOULD BE GOOD GROUND TO HIM TO CANCEL THE BAIL OF THE APPLICANT.
However, it is made clear that any violation of above conditions by the applicant/applicants, 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 :- 26.4.2018 Abhishek Sri.