Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2059 of 2021 Applicant :- Govind Opposite Party :- State Of U.P And Another Counsel for Applicant :- Raghuraj Kishor Mishra Counsel for Opposite Party :- G.A.,Prabhu Narain Srivastava,Suresh Srivastava
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, Mr. Suresh Srivastava, learned counsel for the informant and learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 188 of 2020, under Sections 354, 376 IPC and 3/4 POCSO Act, police station Ahraura, district Mirzapur during the pendency of trial.
As per prosecution version, in brief, the informant, who is father of the victim lodged the F.I.R. on 3.11.2020 in respect of an incident, which took place on 22.10.2020 for the offence under Sections 354 IPC and 7/8 POCSO Act against the applicant, Govind.
It is argued by the learned counsel for the applicant that the first information report has been lodged after a delay of 12 days. In the F.I.R. as well as in the statement of victim recorded on 4.11.2020 under Section 161 Cr.P.C., there is no allegation of rape against the applicant, whereas she in her statement recorded under Section 164 Cr.P.C. has made an improvement and narrated a different story making allegation of rape against the applicant. On the strength of aforesaid facts, it is also submitted that there is inconsistency in the prosecution case as mentioned in the F.I.R., statements of victim under Section 161 Cr.P.C. as well as under Section 164 Cr.P.C. The applicant has no criminal history. The applicant is languishing in jail since 11.10.2020. and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant, but do not dispute that F.I.R. has been lodged after a delay of 12 days and in the F.I.R. as well as in the statement of the victim recorded under Section 161 Cr.P.C., there is no allegation of rape against the applicant.
Considering the fact that there is delay in lodging the F.I.R. and that there is no allegation of rape in the F.I.R. and different story has been set up by the victim in her statement recorded under section 164 Cr.P.C. and also in the totality of the facts and circumstances of the case, the possibility of false implication of the applicant in the crime cannot be ruled out.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Govind be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.7.2021 Sumaira