Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22045 of 2021 Applicant :- Mithilesh Paswan @ Buchun Opposite Party :- State Of U.P And Another Counsel for Applicant :- Devottam Pandey,Sandeep Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard Sri Sandeep Pandey, 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. 198 of 2021, under Sections 363, 366 I.P.C. and 7/8/ Protection of Children From Sexual Offences Act, 2012, Police Station Bairiya, District Ballia.
Learned counsel for the applicant submits that according to the FIR version on 22nd June, 2019 at about 11:30 p.m. victim aged about 13 years was enticed away by the applicant and while going through train saw the police, therefore he jumped along with the victim from the train on account of which her head was lacerated. As per statement under Section 164 Cr.P.C., applicant tore her cloths and bit the victim on her hand and face as well as also committed misdeed. He submits that victim also refused to conduct her internal medical examination. He further submits that applicant was granted bail in the Case in Bail Application No. 1347 of 2019, under Sections 363 & 366 I.P.C. from the court below and during investigation offence of under Section 7/8 POCSO Act was added. He submits that due to land dispute he 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 there is no criminal history of the applicant and he is languishing in jail since 01.04.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of the applicant on bail under Sections 363 & 366 I.P.C. by the court Digitally signed by Justice Ali Zamin Date: 2021.08.06 14:56:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad below as well as refusal to conduct her medical examination, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Mithilesh Paswan @ Buchun 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.7.2021/Israr