Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17800 of 2019 Applicant :- Mohan Ahirwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rafeek Ahmad Khan, learned counsel for the applicant and Sri Om Prakash Mishra, 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-Mohan Ahirwar with a prayer to enlarge him on bail in Case Crime No. 41 of 2019, under Sections 354, 452, 506 I.P.C. and Section 8 POCSO Act, Police Station-Panvari, District-Mahoba, during the pendency of the trial.
It has been argued by learned counsel for the applicant that the first information report has been lodged on 15th March, 2019 by Kumari Arti Ahirwar alleging therein that on 14th March, 2019 at 07 p.m. when the first informant was alone in her house, the applicant came into her house forcefully and with bad intention on gun point, he began to tear her clothes and on her screaming, her relatives along with other people came and thereafter the applicant ran away threatening to kill her by showing country-made pistol. It has further been argued by the learned counsel for the applicant that in the statements recorded under Section 161 Cr.P.C. and 164 Cr.P.C., the prosecutrix has improved her version as unfolded in the first information report by alleging that when she was alone in her house, the applicant came and on a gun point he tried to molest her, he also tore her clothes and he began to beat and abuse her. When she went to his house for making complaint about the same to his parents, he slapped her. After making complaint when she came to her house, the applicant again came and he tried to set fire upon her by pouring kerosene oil and when his brother came, he ran way. It has further been argued that seeing the variations regarding place of occurrence, it appears that the applicant has falsely been implicated in the present case due to previous enmity between the parties. It is also argued that the applicant had no motive for committing such crime and perusal of the first information report and the statements of the victim indicates that the present case is false and concocted. The medical examination report of the prosecutrix does not corroborate the alleged incident. As per the medical examination report, the victim is 17 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 25th March, 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 :- 29.4.2019 Sushil/-