Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15025 of 2018 Applicant :- Jai Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh 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. 5954 of 2016, under Sections 452, 376D IPC, P.S. Kadar Chawk, District Budaun is seeking enlargement on bail during the trial.
The complaint case is that on 14.7.2017, when the complainant was lying with her daughter in the house at about 10.30 pm Jai Chandra and Peetam stealthily entered her house and threatened her with pistol and committed rape upon the complainant. Learned counsel for the applicant contends that accused-applicant has been falsely implicated because few days back prior to this occurrence, the husband of the complainant and his two sons had assaulted Jai Chandra and his father. Accordingly an N.C.R. was lodged on 11.12.2013 under Section 323, 504 IPC, P.S. Kadar Chawk, District Budaun. Thereafter, this false case has been made against the accused-applicant. No medical examination has been conducted of the prosecutrix. Moreover, on 6.10.2017, an application had been moved before the Court by the complainant herself that she had lodged this case against the accused persons at the instance of villagers and she does not want to continue the case. It is further contended by learned counsel for the applicant that the applicant is an innocent person having no criminal history or bad antecedents. The applicant is languishing in jail since 19.03.2018. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail but has not controverted the aforesaid fact.
Without expressing any view on merits of the case, looking to the fact that there is no medical report of the prosecutrix, in the light of above arguments this is found to be a fit case for bail.
Let the applicant Jai Chandra involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs.75,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
(i) THE APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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
(ii) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229- A IPC.
(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT/APPLICANTS 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 APPLICANTS ARE 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 THEM 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 APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant/applicants, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a 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 :- 24.4.2018 Abhishek Sri.