Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.552 of 2020, under Sections 354, 323, 504, 506 IPC and 7/8 POCSO Act, Police Station Kotwali, District Sitapur.
It is alleged that accused-applicant caught hold of the prosecutrix, aged around 12 years with bad intention. When the family members went to save the prosecutrix, the accused threatened them and pushed them.
Notice was issued to the complainant as the FIR has been registered under the offences of IPC and POCSO Act. However, no one has put in appearance on behalf of the complainant.
Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Considering the nature of offence and, there is no criminal history of the accused-applicant, who has been in jail since 7.12.2020, It would be appropriate to enlarge the accused-applicant on bail.
Let applicant Krishna Mohan Shukla @ Satyam be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the 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.
The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
Order Date :- 3.2.2021 Rao/-