Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11646 of 2018 Applicant :- Jeetu @ Churra Kanjad Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Applicant- Jeetu @ Churra Kanjad seeks bail in Complaint Case No. 293 of 2017, under Sections 376, 506 IPC, P.S. Kotwali Orai, District- Jalaun.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. Prosecutrix is major and a married women. The present complaint has been filed on false and concocted case, as a counter-blast to the complaint filed by the sister of the applicant against the prosecutrix, her husband and other co-accused, copy of which has been annexed as Annexure No. 6 to the affidavit.
Learned counsel for the applicant has further submitted that co-accused Raju Kanjad has already been granted bail by this Court vide order dated 31.7.2017 in Criminal Misc. Bail Application No.25085 of 2017 and the case of the applicant stands on same footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 21.2.2018. He has no previous criminal history.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant- Jeetu @ Churra Kanjad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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 her in accordance with law.
Order Date :- 30.3.2018 KU