Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8487 of 2021 Applicant :- Irshad Opposite Party :- State of U.P.
Counsel for Applicant :- Udai Bhan Singh,Avanish Pratap Singh,Gaurav Pundir Counsel for Opposite Party :- G.A.,Farid Ahmed,Gurfan Ali
Hon'ble Ashwani Kumar Mishra,J.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.332 of 2020, under Sections 377, 511, 506 IPC & 3/18 POCSO Act, Police Station Gagalhedi, District Saharanpur.
As per the averments made in the first information report, accused applicant asked the son of informant to come with him on bike so that he could offer Chat and on such pretext took him to the field where he committed unnatural offence.
Learned counsel for the applicant with reference to the materials placed on record points out that in the medical conducted upon the concerned victim no injury has been found. It is also contended that applicant has been falsely implicated as after death of his first wife he has re-married a relative of informant and there are certain dispute between them. The applicant is otherwise stated to be 55 years old who has six children.
Learned counsel for the applicant further states that statement of the witnesses under section 161 Cr.P.C. and 164 Cr.P.C. are contradictory to each other.
A counter affidavit has been filed in the matter on behalf of opposite party no.2 in which the allegation made in the first information report are reiterated. It is averred in para 10 that victim is a minor and after an alarm was raised by him his father reached on the scene of crime and accused applicant ran away.
I have heard learned counsel for the applicant, Sri P. K. Shahi, learned A.G.A. appearing for the State and have perused the materials brought on record. Although video link has been sent to the counsel for the opposite party no.2 but he has not joined the proceedings and counter affidavit filed on his behalf has been perused.
Having perused the materials placed on record and considering the contentions advanced on behalf of the applicant; there is no injury in the medical conducted on the victim; no independent witness; the applicant is incarcerated in jail since 20.12.2020; and the trial is also likely to take sufficiently long on account of Covid-19 pandemic, the applicant is entitled to grant of bail at this stage. Above observations made in the bail order shall however not be construed as expression of opinion, on the merits, at the stage of Trial.
Let the applicant- Irshad involved in aforesaid case crime be released on bail on his 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 6.5.2021 Ashok Kr.
Digitally signed by JUSTICE ASHWANI KUMAR MISHRA Date: 2021.05.06 18:56:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad