Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25711 of 2019 Applicant :- Kalu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.,Vishesh Kumar Gupta,Zafeer Ahmad
Hon'ble Rahul Chaturvedi,J.
Pleading have been exchanged between the parties.
Heard Sri Ram Kumar Dubey, learned counsel for the applicant, Sri Jafeer Ahmad, learned counsel for opposite party no. 2, 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. 1017 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Civil Lines, District Moradabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that a delayed FIR was lodged for kidnapping and the girl was eventually recovered within 3-4 days of the incident. In her statement recorded under Section 161 Cr.P.C. she has stated that she is in affair with the applicant about two years. Both of them used to talk with each other on mobile phone. In her statement recorded under section 164 Cr.P.C. she has stated that on her own volition she joined the company of the applicant and went from Moradabad to Delhi, where the applicant has established physical relationship with her and she has further made improvement in her statement under Section 164 Cr.P.C. that the applicant was outraged her modesty forcibly, but she could not dispute the fact that she was in affair with the applicant while going to Delhi she herself has taken away Rs. 10,000/- with her. According to her medical examination report, she is aged about 27 years. It is clearly established that she was in the perfect consent and agreement with the applicant. He lastly submitted that the applicant is in jail since 20.11.2018, is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and 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, I find it to be a fit case for bail.
In view of the above, let the applicant- Kalu, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 1017 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Civil Lines, District Moradabad, with the following conditions:-
(i) THE APPLICANT 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 LAW.
(ii) THE APPLICANT 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 HIM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS 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 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 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 HIM 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, 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 :- 30.9.2019 v.k.updh.