Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33980 of 2018 Applicant :- Dinesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar,Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 143 of 2018, under Sections 376,342 I.P.C., and section 3(2)(V-A) S.C.&S.T. Act Police Station Hapur Dehat District Hapur with the prayer to enlarge him on bail.
At the outset learned counsel for the applicant submits that his bail application has not been rejected by the Special Judge, but by the Sessions Judge, therefore the provision of appeal under section 14-A of S.C./S.T. Act would not be attracted. Hence, regular bail application by invoking the provision of the Code of Criminal Procedure is maintainable.
The submission of the learned counsel for the applicant is that the informant Moley was under the employment of the applicant; on account of committing theft he was removed from service, therefore, he lodged a false first information report alleging that his niece, Meenu daughter of Suraj, aged about 20 years, was sexually assaulted by the applicant by dragging her inside the shop while she was walking across the shop of the applicant. It has been submitted that the medical examination of the victim does not disclose any injury on the body of the victim. Moreover, there appears an improvement in the statement of the victim from the case taken in the first information report, inasmuch as, in the statement recorded under section 164 Cr.P.C., the victim has alleged that there were two other persons who had shut the shutter of the shop from outside.
It has been contended by the learned counsel for the applicant that the shop is at a busy place and such incident does not appear probable. Moreover, the first information report has been lodged after a delay of about two days. It has been submitted that the applicant is innocent with no previous criminal history; he is in jail since 24.5.2018 and, in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Dinesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates It has been submitted that the applicant is innocent; he is in jail since 24.05.2018 and, in case he is enlarged on bail, he will not misuse the liberty of bail.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 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.
(iv) 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. is issued and the 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 of the Indian Penal Code.
(v) 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 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.
Order Date :- 29.5.2019 N.A.