Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23257 of 2021 Applicant :- Jitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Saini Counsel for Opposite Party :- G.A.,Sanjeev Kumar Trivedi
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Special Session Case No. 20 of 2016, under Section 376 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station-Heempur Deepa, District-Bijnor during the pendency of trial.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated in this case because on 05.09.2016 father of applicant moved an application under Section 156(3) Cr.P.C. against Gautam Kumar, Ram Karan and Bhagwana i.e. son, husband and brother-in-law of the complainant (Rajbala) of this case under Sections 354-B, 323, 504, 506 I.P.C. and 3/4 POCSO Act regarding an incident which took place on 01.09.2016, the aforesaid application dated 05.09.2021 was treated as a complaint and registered as Complaint Case No. 23/2016, in whcih Gautam Kumar, Ram Karan and Bhagwana have been summoned vide order dated 21.01.2017 to face trail and thereafter they have obtained bail in Complaint Case No. 23/2016. It is next submitted that on account of aforesaid application dated 05.09.2016, complainant of present case has also moved an application dated 06.09.2016 under Section 156(3) Cr.P.C. against the applicant, his father and mother showing the date of incident as 01.09.2016 under Sections 376, 323, 504, 506 I.P.C. and 3/4 POCSO Act. The said application was also treated as a complaint and registered as Complaint Case No. 20/2016, in which applicant has been summoned vide order dated 16.02.2018, under Section 376 I.P.C. and 3/4 POCSO Act. It is pointed out that medical examination of alleged victim Fauji Kumari has not been done. On the strength of aforesaid fact it is submitted that the criminal proceeding of this case against the applicant is a counter blast case on account of registration of Complaint Case No. 23/2016 against the son, husband and brother-in-law of Rajbala (complainant of this case). It is further submitted that applicant has no criminal history and he is languishing in jail since 15.03.2021. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. as well as Shri Sanjeev Kumar Trivedi, learned counsel appearing on behalf of complainant opposed the prayer for bail of the applicant, but does not dispute the aforesaid factual aspects of the matter as argued on behalf of applicant.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that father of applicant had already moved an application under Section 156(3) Cr.P.C. against the son, husband and brother-in-law of the complainant of this case, therefore, possibility of false implication of the applicant in the present case cannot be ruled out. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Jitendra be released on bail in the aforesaid case crime number on 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.7.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.28 18:18:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad