Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40161 of 2018 Applicant :- Lavkush Opposite Party :- State Of U.P.
Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.,Ram Surat Yadav
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 1118 of 2018, under Section 323, 324, 354B, 307, 506 IPC and 8 the Protection of Children From Sexual Offences Act, Police Station Kotwali Dehat, District Bulandshahar.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He submits that according to F.I.R. on 19.08.2018 informant's daughter had gone for natural call at about 2.30 pm in the meanwhile the accused and co-accused over powered his daughter and attempted to commit rape with her when she protested the co-accused Firoz caused injury on her leg with knife and other co-accused assaulted with lathi. On alarm of the victim informant and his wife reached to the spot seeing this the accused persons ran away from the spot. He submits that 8 injuries were found on her body and injury no. 3, 6, 7 and 8 were advised for X-ray and in x-ray no fracture has been found. The injuries are simple in nature. He further submits that there is a money dispute between the parties and applicant has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 21.08.2018.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Lavkush involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
Order Date :- 29.5.2019 Ujjawal