Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16990 of 2019 Applicant :- Mulayam Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
As per office report dated 28.5.2019, notice has been served to opposite party no.2 but none has appeared on behalf of opposite party no.2 to contest the matter, hence Court proceeds to hear the matter.
Heard Sri Anil Kumar Chaudhary, learned counsel for the applicant, Ms. Archana Singh, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that as per medical report, the prosecutrix is a major girl aged about 18 years. There appears to be no academic record regarding the age of the prosecutrix which has been stated in the FIR. The prosecutrix in her statement recorded under Section 164 Cr.P.C, has not levelled any allegation against the applicant for committing rape. The applicant is in jail since 4.12.2018.
Learned AGA opposed the prayer for bail and submitted that the prosecutrix in her subsequent statement recorded u/s 161 Cr.P.C. has levelled allegation of rape against the applicant to which learned counsel for the applicant stated that the said statement has no value in view of earlier statement given by the prosecutrix u/s 164 Cr.P.C.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Mulayam Yadav, involved in Case Crime No.243 of 2018, u/s 376, 342, 506 IPC and 3/4 POCSO Act, P.S. Raunapar, district Azamgarh be released on bail 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.
Order Date :- 29.5.2019 Gaurav