Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29569 of 2019 Applicant :- Manbodh Yadav @ Ashwani Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Kumar Gupta,Raghawendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 86 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Sikanderpur, District Ballia, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the FIR of the incident of this case was registered by Poonam Devi after 8 days and no explanation of delay has been given. In the FIR, it is alleged that her daughter Km. Rani Chauhan (victim), aged about 17 years, was enticed away by the applicant Manbodh Yadav. The victim was recovered on 08.04.2019 and her statements under Sections 161 and 164 Cr.P.C. were recorded, in which she has stated that she annoyed her parents and ran away from her house and joined the company of applicant on her own volition and the applicant has not committed any offence with her. She has refused to get her internal medical examination for ascertaining the allegation of rape upon her. He lastly submitted that the applicant is in jail since 08.04.2019, is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA, the statement under Sections 161 and 164 Cr.P.C. and her refusal to get her medical examination and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Manbodh Yadav @ Ashwani, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 86 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Sikanderpur, District Ballia, with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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 THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSE 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 IPC.
(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 APPLICANTS ARE 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 WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 25.7.2019 v.k.updh.