Heard learned counsel for the applicant as well as learned A.G.A. for the State and Mr. Sonu Gupta, Advocate holding brief of Mr. Abdul Samad, learned counsel for the complainant, and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.14 of 2019, under Sections 302, 201, 354(A) I.P.C., Section 7 of Criminal Law Amendment Act and Sections 7/8 of POCSO Act, 2012, Police Station Bhadokhar, District Raebareli, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He also submitted that the F.I.R. in question was lodged by the father of the deceased with the story that on 09.01.2019 at about 10:30 a.m., his daughter (deceased) went to ease her towards the agricultural field, but she did not come back, as a result, search was made. On the next date, on 10.01.2019 at about 09:00 a.m. in the morning, women of the village informed him that one sleeper and the water container was lying near the bush, then the informant went there to search and he found the body of his daughter. Thereafter, the F.I.R. in question was lodged. He also submitted that investigation was started and the statement of informant was recorded under Section 161 Cr.P.C. on the same day in which he raised apprehension on the applicant with the averment that on 09.01.2019, when his daughter was going on to ease her towards the bush, the applicant was cutting wood near his hut adjoining to the road. After the incident, informant asked from the applicant about his daughter and he told that he don't know about her. The informant also requested to Investigating Officer of the case for interrogation of the applicant, then there is a possibility for bringing out the truth. He also submitted that in the same manner, the statement was also given by Naziya (sister-in-law of the informant) as well as Mohd. Wasim (brother of the informant).
Learned counsel for the applicant has further submitted that the statement of other villagers were also recorded and they stated that the applicant was seen near the bush where the body of the deceased was found and these statements were recorded on 25.01.2019 after about 15 days from the date of incident. He also submitted that merely on the basis of presumption, the applicant has been dragged in the present case. He also submitted that the applicant does not have any criminal antecedent and he is in jail since 11.01.2019 and the trial is not going on. He also submitted that as per Section 35 of POCSO Act, it is obligatory on the part of trial court to conclude the trial within one year from the date of taking of cognizance of offence. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the applicant and submitted that initially, the F.I.R. was lodged against unknown and later on, the involvement of the applicant was found on the basis of statement of witnesses of last seen, but they do not dispute the fact that the statement of witnesses of last seen was recorded on 25.01.2019 after about 15 days from the date of incident.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Manoj Kumhar - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Trial court is directed to conclude the trial expeditiously, if possible, within one year from the date of production of computerized copy of this order.
Office is directed to communicate this order to the trial court concerned for its necessary compliance forthwith.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and he computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 13.8.2021 S. Shivhare