Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37479 of 2019 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Veer Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Prakash Veer Tripathi,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. 1005 of 2016, under Sections 363, 366, 376(2) IPC and Section 5/6 POCSO Act, P.S. Walterganj, District Basti is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was enjoying bail and facing trial in SST No. 99 of 2016 pending in the Court of Special Judge, POCSO Act. Submission made by the counsel that earlier occasion the applicant was enlarged on bail on 27.07.2017 by coordinate Bench of this Court and the trail was progressing. Learned counsel for the applicant during trial sought a hazirimafi which was allowed by this Court on the cost of Rs. 150/- and even thereafter he has not cross examined the witnesses causing undue delay in conclusion of the trial. On this account alone learned Special Judge has cancelled the bail bonds and send him to jail. He lastly submitted that the applicant is in jail since 15.07.2019 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, the cause shown is sufficient, the applicant be enlarged on bail on heavy surety, I find it to be a fit case for bail.
In view of the above, let the applicant- Jitendra be released on bail on his executing a personal bond and furnishing TWO HEAVY SURETIES each in the like amount to the satisfaction of the court concerned in case crime no. 1005 of 2016, under Sections 363, 366, 376(2) IPC and Section 5/6 POCSO Act, P.S. Walterganj, District Basti with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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 LAW.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT 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 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 THE HIM/HER 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 APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at 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 :- 25.9.2019 Abhishek Sri.