Heard learned counsel for the applicant, Sri Jhamman Ram, learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. It is next submitted that there is absolute contradiction in the versions of F.I.R. as well as statements of victim recorded under sections 161 Cr.P.C. and 164 Cr.P.C. It is further submitted that Aunt (Bua) of victim has also given statement which was recorded under section 161 Cr.P.C. where she clearly stated that victim by her own will, visited her house alongwith applicant and informed that being annoyed with her father she left her house. She further stated in her statement that victim alongwith applicant stayed in her house for 45 days. As per radio logical report, age of victim is about 16-17 years, therefore, no case is made out under the provisions of POCSO Act and further she refused to get herself medically examined. The applicant does not have any criminal history. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 07.12.2020 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 bail, but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Farukh @ Bade, involved in Case Crime No. 380 of 2020, under Sections- 457, 363, 354, 506 I.P.C. and section 7/8 POCSO Act, Police Station- Barkheda, District -Pilibhit, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.2.2021 Sartaj