1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 0162 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station - Kaudiya, District - Gonda.
3. Submission of learned counsel for the applicant is that the first information report was lodged under Sections 363 and 120-B I.P.C. and subsequently Section 376 I.P.C. and Section 3/4 of POCSO Act were added when the prosecutrix was recovered. The statement of the prosecutrix under Section 161 Cr.P.C. was recorded on 23.11.2018, wherein she has clearly stated that she has gone with the applicant on her own will and also that she has married with the applicant in a temple and they have also lived together as husband and wife. He statement under Section 164 Cr.P.C. was recorded on 03.12.2018, wherein also she reiterated the same contents. It has also come on record that the applicant is in jail since 05.12.2018, which is period of more than two years and two month's. It is also submitted that the applicant does not have any criminal history.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he could not disputed the above contention made by the learned counsel for the accused-applicant.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties coupled with the fact that the prosecutrix herself has stated that she went with the applicant on her own will and established sexual relations with him and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Guddu @ Ram Prakash be released on bail in Case Crime No. 0162 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station - Kaudiya, District - Gonda on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. The application stands disposed of.
Order Date :- 29.1.2021 A. Verma (Alok Mathur, J.)