Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31116 of 2021 Applicant :- Furkan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Srivastava, Rahul Gaur, Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Despite notice no one has appeared on behalf of the complainant/respondent.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 214 of 2021, under Sections 376, 511 IPC and 9M/10 of the POCSO Act, Police Station - Etmadpur, District - Agra with the prayer to enlarge the applicant on bail.
It was alleged in the FIR that the present accused Furkan had carried away the niece of the complainant to a lonely place towards fields on 06.06.2021 at about 8:30 P.M. where he began to undress her with bad intention. The age of the alleged victim was said to be nine years. The alleged victim then raised alarm and several persons rushed to the place of occurrence and the present accused had run away.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. There is only allegation against the accused of attempt to rape and he was not arrested from the place of occurrence. The learned counsel submits that the complainant owes Rs. 36,000/- to the present accused and the present accused was demanding his money from the complainant, that's why this false FIR has been lodged implicating him. It is also submitted that the alleged victim has not named the present accused in her statement. She has only stated that some one uncle or friend of the complainant had tried to rape her. Lastly, it is argued that the applicant is in jail since 08.06.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. It is argued by him that the alleged victim has specifically named the present accused saying that friend of her mama attempted to rape her.
Keeping in view the submission of learned counsel for the parties, considering the period of detention of the applicant, considering that only attempt to rape was made, considering that the accused was not arrested on the spot and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Furkan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/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.
Order Date :- 23.12.2021 LBY