Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8896 of 2019 Applicant :- Mohd. Sahil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Dwivedi, Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Shri Ram Prakash Dwivedi, learned counsel for the applicant, Shri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant- Mohd. Sahil with a prayer to enlarge him on bail in Case Crime No.410 of 2018, under Sections 376, 506, 120-B I.P.C., Police Station Shahganj Agra, District Agra.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. As per version of the F.I.R., sister-in-law of the applicant, namely, Sabara introduced the victim to the applicant and they develop friendly relationship. In the statement of the victim recorded under Sections 161 and 164 Cr.P.C. there is nothing which goes to show that physical relationship between the two was without her (victim) consent. It has been argued that the applicant established physical relationship with the victim on the promise to marry her, but due to pressure of the parents the applicant refused to marry her. It has been argued that there is dilution of the version given by the victim under Section 161 and 164 that the applicant has established physical relationship with the applicant on the promise to marry her but on the other hand it has been stated that she was friendly with the applicant for the last 7 years and she never raised objection against applicant regarding their relationship. It has been argued that the victim is major aged about 19 years as her date of birth is 14.05.1999, but as per medical report the age of the victim is 18 years. The applicant has no criminal history. It is also contended that there is no possibility 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 languishing in jail since 12.09.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, 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.
Order Date :- 28.2.2019
Anand Sri./-