Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20016 of 2018 Applicant :- Hori Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 11 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Pakwada, District Moradabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR of the incident was registered on 14.01.2018 under Section 363, 366 IPC by the brother of the victim with the allegation that sole named accused applicant enticed her away minor sister. The girl was eventually recovered on 15.01.2018. In 161 Cr.P.C. statement she stating that both of them knows each other for last 1-1/2 years and on her own volition and accord she joined the company of the applicant on 14.01.2018 at 9.00 a.m. and enjoyed quality time with each other, she has joined the company of the applicant on her own volition and accord and sweet will and on very next day from the tempo stand they were caught by the police. In 164 Cr.P.C. statement which has been given under the influence of her parent, she has tried to mellow down the tone, texture and tenure of 161 Cr.P.C. given before the police but she was in 164 Cr.P.C. statement denied the fact that she has joined the company of the applicant. He lastly submitted that the applicant is in jail since 15.01.2018 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, keeping in view her age as per medical is 16 years, there is no contradiction in 161 and 164 Cr.P.C. statement, she appears to be consenting party, I find it to be a fit case for bail.
In view of the above, let the applicant- Hori Lal be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 11 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Pakwada, District Moradabad with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 28.5.2018 Abhishek Sri.