Heard learned counsel for the applicant, 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.633/2018, under Sections 363, 376, 506 I.P.C. & Section 3/4 POCSO Act, Police Station - Kotwali Nagar, District - Raebareli.
Applicant is not named in the F.I.R. It is alleged that on 16.10.2018 at about 7.00 am the prosecturix had gone to School but she did not return then this F.I.R. was lodged immediately. After two days, she was recovered and her statement under Section 161 Cr.P.C. was recorded, wherein she has not named the present applicant. She has stated that she had left her house with her own free will and she remained at Railway Station for two days and from where she was recovered by the police. However, when her statement under Section 164 Cr.P.C. was recorded after about 17 days, name of present applicant came into light and allegation of rape was also made. As per medical report, age of the prosecutrix was 16 years. There is a major contradiction in her statement recorded under section 161 Cr.P.C. and 164 Cr.P.C. It appears to be a fit case for granting bail.
Learned A.G.A has opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Golu @ Krishan Kumar) 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 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.
Order Date :- 26.7.2019 S. Kumar