Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4384 of 2019 Applicant :- Mohd Uavais Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Singh,Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Sharad Chand Rai,Tripurari Pal
Hon'ble Rahul Chaturvedi,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Tripurari Pal, learned counsel for the informant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 588 of 2018, under Sections 376, 323, 504 IPC, P.S. Bhojipura, District Bareilly, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the victim herself has lodged the FIR against applicant and three other persons alleging that the applicant has committed rape upon her. As per the allegation made in the FIR that the applicant after extending the promise to marry has established physical relationship with her. She is grown up girl, aged about 23 years, who understand the future and pre-marriage sex, even after knowing its result, she continued in relationship with the applicant for a period of two years, as per her statement recorded under Section 164 Cr.P.C. Learned counsel for the applicant has relied upon the decision in Dr. Dhruv Ram Murlidhar Sonkar vs. State of Maharastra, AIR 2019 SC 327. He lastly submitted that the applicant is in jail since 18.09.2018, is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Mohd. Uavais, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 588 of 2018, under Sections 376, 323, 504 IPC, P.S. Bhojipura, District Bareilly, with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANTS ARE 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 27.9.2019 v.k.updh.