Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5142 of 2021 Applicant :- Mohit Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Mohit, who is involved in Case Crime No. 703 of 2020, under sections 363, 366, 376 IPC and section 5/6 of Protection of Children from Sexual Offences Act, police station Belaghat, district Gorakhpr, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the informant lodged first information report on 30.08.2020 for the offence under sections 363 and 366 IPC regarding the incident which took place on 24.08.2020 against the applicant alleging inter alia that on 24.08.2020, her daughter aged about 18 years was enticed away by the applicant.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that in fact the victim herself left her house and eloped with the applicant on her own sweet will. When the victim came to know about registration of the first information report, she returned on 15.09.2020. Thereafter, her statements under sections 161 and 164 Cr.P.C. were recorded, in which she did not support the prosecution version and clearly stated that she herself left her home and had gone to Lucknow along with the applicant. She has also stated that both the victim and the applicant after solemnizing their marriage started living together as husband and wife. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 21.09.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute that the victim in her statement under section 164 Cr.P.C. did not support the prosecution version.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, and the fact that the victim did not support the prosecution version in her statement under section 164 Cr.P.C., I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mohit, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 Sazia