Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18681 of 2020 Applicant :- Javed Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A.,Agnihotri Ku
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Javed Ahmad in Case Crime No. 259 of 2019, under Sections 363, 366, 376DB I.P.C. and 6 Protection of Children from Sexual Offences Act, 2012, Police Station Jariya, District - Hamirpur, with the prayer to enlarge him on bail.
As per averments made in the first information report lodged on 18.12.2019, in respect of alleged offence committed on 17.12.2019, the complainant alongwith his family members, who were sleeping at home on 17.12.2019, at about 3.00 a.m. it was noticed that complainant's daughter had gone missing.
It is submitted that the accused applicant is not named in the FIR and in statement under Section 161 Cr.P.C., the victim had disclosed that she received a call from the accused applicant and she had gone with him out of her own volition and stayed at the shop of the accused applicant. She had also stated that whatever happened between them was with her consent.
A supplementary affidavit has been filed stating that the victim, who is PW-1 has turned hostile and has not supported the prosecution case as per which the accused applicant had enticed the victim. It is further stated that the accused applicant is in jail since 26.12.2019. It is also stated that the medical test was conducted and victim has been found to be 19 years of age, as is recorded in the order of this Court dated 21.9.2020. It is further stated that in case the applicant is enlarged on bail he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer made in the bail application but has not disputed the fact that the victim has been found to be 19 years and that she has turned hostile and has not supported the prosecution version.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufficiently long, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Javed Ahmad 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 Ranjeet Sahu Digitally signed by JUSTICE ASHWANI KUMAR MISHRA Date: 2021.05.06 18:57:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad