1. Heard Sri Ravi Singh, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Akhilesh Pandey, learned counsel appearing for the complainant.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 108 of 2021, under Sections 376D, 306, 511, 506 I.P.C., Police Station - Ahirauli, District - Ambedkar Nagar.
3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. He also submits that the prosecutrix was in a relationship with the applicant and one mobile phone was gifted by the applicant to her through which there were in regular touch. On 25.04.2021, the prosecutrix was caught by her mother alongwith her mobile phone, thereafter, the mobile phone and charger were kept by her mother and due to fear, the prosecutrix consumed poison.
4. It is next submitted by learned counsel for the applicant that subsequent to lodging of the first information report, statement of prosecutrix under Section 161 Cr.P.C. was recorded, in which she admitted the fact of mobile phone being caught by her mother and that due to fear she consumed poison. It is also submitted that age of the prosecutrix is about 22 years and that he is in jail since 12.05.2021. It is lastly submitted that co-accused of this case namely Suresh Verma, has been already granted bail by this Court by means of order dated 29.07.2021, passed in Bail No. 7954 of 2021, and since applicant's case is similar to that of co-accused, he may also be granted bail on the ground of parity.
5. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
6. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the fact that the prosecutrix is aged about 22 years and that co-accused of this case namely Suresh Verma, has already been granted bail and that the applicant has spent nearly three months in judicial custody, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
7. Let applicant Krishna Dutt @ Kunnu be released on bail in Case Crime No. 108 of 2021, under Sections 376D, 306, 511, 506 I.P.C., Police Station - Ahirauli, District - Ambedkar Nagar, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(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.
8. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
9. This order shall not influence the trial Court for proceeding with the trial.
10. The application stands disposed of.
Order Date :- 17.8.2021 A. Verma (Alok Mathur, J.)