Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39629 of 2019 Applicant :- Lavlesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Shyam Bhasker Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Rajesh Kumar Dubey, Advocate, holding brief of Sri Vijay Shyam Bhasker, learned counsel for the applicant and Sri Gaurav Pratap Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is neither named in the FIR nor his name has come in the statement of the victim girl, under Sections 161 and 164 Cr.P.C. It has been further stated that the applicant was a watchman at the place adjacent to the place of incident and has been falsely implicated in the present case by the police personnel. The applicant has no other reported criminal antecedent. The applicant is in jail since 19.6.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Lavlesh involved in Case Crime No.145 of 2019 under Sections 323, 376D IPC, Police Station Expressway, District Gautam Buddh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the 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 case of the applicant is distinguished from the other co-accused against whom allegation of rape etc. has been made by the victim.
Order Date :- 30.9.2019 Deepika