Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29981 of 2019 Applicant :- Gaurav Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Virendra Kumar Srivastava, learned counsel for the applicant and Mohd. Shoaib Khan, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Gaurav Sharma, with a prayer to enlarge him on bail in Case Crime No. 386 of 2019, under Section 354-D I.P.C., Sections 7/8 POCSO Act and Sections 3 (2) (5) S.C./S.T. Act, Police Station-Sadar Bazar, District-Agra during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the present first information report lodged on 12th May, 2019 by Mohar Singh i.e. father of the victim, namely, Kajal against the applicant alleging therein that since 9th November, 2018, the victim was harassed by the applicant. One day on the way, after showing a video clip, the applicant used to threaten the victim to make the said video clip viral, in case she does not accept his demand and he also used to commit indecent act with her, for which the present first information report has been lodged. It has further been argued by the learned counsel for the applicant that in the statement recorded under Section 164 Cr.P.C., the victim has stated nothing serious against the applicant. The victim has refused to get herself medically examined by stating that nothing serious has happened with her nor she has been sexually assaulted. Learned counsel for the applicant has drawn the attention of the Court to the letter of the victim as well as photograph, copies of which have been enclosed as Annexure Nos. 5 and 6 to the affidavit accompanying the present bail application, from which it is apparently clear that the victim and the applicant are friendly, but the parents of the victim did not like the applicant due to which the present first information report has been lodged falsely implicating the present applicant and the victim has also given some incriminating statements against the applicant under the pressure of her parents. As per the own testimony of the victim, she is 16 years old. There is no public or independent witness from which it is established that the present applicant is involved in the commission of the alleged offence. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 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.
(iii) 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.
(iv) 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.
(Manju Rani Chauhan, J.) Order Date :- 26.7.2019 Sushil/-