Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43706 of 2018 Applicant :- Govind Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Singh,Raj Nath Bhakta Counsel for Opposite Party :- G.A.,Mithilesh Kumar Gupta
Hon'ble Ramesh Sinha,J.
Heard Sri S.K. Singh, learned counsel for the applicant and Sri A.R. Chaurasia, learned A. G. A. for the State and perused the material on record. Sri M.K. Gupta, learned counsel for the complainant is not present even in the revised reading of the list.
Learned counsel for the applicant submitted that though as per the prosecution case, the prosecutrix is aged about 16 years according to her high school certificate as is evident from her statement recorded under section 161 Cr.P.C. but as per her supplementary medical report she is aged about 18 years. He submits that as per her statement u/s 164 Cr.P.C., it appears that she voluntarily eloped with the applicant, travelled with him at various places and remained with him for about 2 months and has not raised any alarm for her rescue. It appears that she was having love-affair with the applicant and under the influence of her parents, she has made allegations against the applicant. He further submits that though in the statement recorded under Section 164 Cr.P.C. the prosecutrix has levelled allegation of rape against the applicant but the same does not corroborate by her medical report. Hence the applicant who in jail since 9.8.2018 and has no reported criminal antecedents to his credit, is entitled to be enlarged on bail.
Per contra, learned A. G. A. has vehemently opposed the prayer for bail.
Considering the submissions made by learned counsel for the applicant and learned A. G. A. for the State, this Court is of the view that the applicant has made out a case for grant of bail.
Let the applicant Govind Rajbhar involved in Case Crime No. 98 of 2018 under sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, police station Mardah, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 29.5.2019 Shiraz