Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23722 of 2019 Applicant :- Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Diwakar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Diwakar Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The instant bail application has been filed on behalf of the applicant Naresh with a prayer to release him on bail in Case Crime No. 284 of 2018 under Sections 498-A, 376, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act, Police Station Sasni Gate, District Aligarh during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. This is a matrimonial dispute between husband and wife. Applicant being 'nandoi', has been fasely implicated with allegations of sexually assaulting Neeraj for a period from 10.5.2017 to 9.3.2018. Prior to the present FIR there is no complaint or FIR against applicant for sexually assaulting the victim for nearly one year. There are no injuries in this respect. He has been falsely implicated being relative from husband's side. The applicant is languishing in jail since 2.5.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
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.
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 Naresh 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 :- 7.6.2019 Mohit Kushwaha