Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18214 of 2019 Applicant :- Khem Singh @ Rinku Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Amit Rai, learned counsel for the applicant, Sri Amit Sinha, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Khem Singh @ Rinku, seeking enlargement on bail during trial in connection with Crime No. 442 of 2018, under Sections 354, 366 and 506 of I.P.C registered at Police Station, Nagina, District Bijnor.
As per prosecution case, about two months prior to 29.12.2008, the applicant forcibly took the prosecuterix and performed marriage with her.
Learned counsel for the applicant submits that prosecuterix is a major lady aged about 24 years. On 11.4.2018 applicant performed marriage with her and the said marriage was also registered on 16.8.2008. He submits that under the pressure of her parents, a total false report has been lodged by the presecuterix disturbing the marital status of the applicant and the prosecuterix. He further submits that even as on date, the applicant wants to live with the prosecuterix but her family members are not permitting her to come and even meet with the applicant.
On the other hand, learned A.G.A. opposes the application for bail.
Considering the totality of the case, in particular, the nature of occurrence and further considering the fact that the applicant is in jail since 4.4.2019 and trial may take some time for final disposal, I am inclined to release the applicant on bail.
Let the applicant Khem Singh @ Rinku, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229- A I.P.C.
(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., 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 I.P.C.
(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 him in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously 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 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.
The application is, accordingly, disposed of.
Order Date :- 30.4.2019 AKK