Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1747 of 2019 Applicant :- Nasir Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Shri Chandra Bhan Kushwaha, learned counsel for the applicant, Shri Om Prakash Mishra, learned A.G.A. and perused the record of the present bail application.
The present bail application has been filed by the applicant – Nasir with a prayer to enlarge him on bail in Case Crime No.337 of 2018, under Section 376-D I.P.C., Police Station Sahaswan, District Badaun.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. It is further argued that the FIR has been lodged after an inordinate delay of 20 days from the date of incident. Although applicant along with one another Jakir, who is uncle of the applicant, has been exonerated after the investigation, but on a complaint made by father of applicant the father of the victim has been sent to jail and as a counter blast present FIR has been lodged. In the statement recorded under Section 164 Cr.P.C. there are general allegations against applicant Nasir and his uncle Jakir. However when once during the investigation the allegations against Jakir is not believed, there is no occasion of believing the same allegation as stated in Section 164 Cr.P.C. by the victim against the applicant. It is also contended that as per medical report no external injury was found on the body of victim and the age of the victim was opined as 20 years. It is next contended that the applicant has no criminal history and 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 26.09.2018.
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./-