Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23352 of 2019 Applicant :- Mintu Motla Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Mohd. Akbar Shah Alam Khan, learned counsel for the applicant and Mr. Prashant Kumar, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Mintu Motla with a prayer to enlarge him on bail in Case Crime No. 79 of 2019, under Sections 376/511, 504, 506, 354-D I.P.C., Police Station-Khatauli, District-Muzaffar Nagar, during the pendency of the trial.
It has been argued by learned counsel for the applicant that as per the version of the first information report, when the prosecutrix, namely, Jyoti along with her sister, namely, Kajal were standing below the bridge, the applicant came to her in drunken condition and after catching her hairs he dragged her to the railway station, where he tried to commit rape upon her. On screaming of the victim, people came due to which he ran away after threatening to kill her. In the statement recorded under Sections 161 Cr.P.C., the prosecutrix has reiterated the same version as unfolded in the first information report with certain variations. In the first information report and in the statement recorded under Section 161 Cr.P.C., no allegation of rape has been made against the applicant. The applicant had old enmity with the informant, due to which earlier a first information report has been lodged against the applicant being Case Crime No. 679 of 2018. Just after his being released on bail in the said case, the present first information report has been lodged against the applicant in order to harass him only. The applicant has refused to get herself medically examined, which also makes the prosecution case doubtful. As per the own testimony of the prosecutrix she is 22 years old. The applicant has no criminal antecedents to his credit except the present one. It is next contended that 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. The applicant is in jail since 11th February, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant 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 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.
(Manju Rani Chauhan, J.) Order Date :- 4.6.2019 Sushil/-