Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.138/2019, under Sections 376, 506 I.P.C. & Section 3/4 POCSO Act, Police Station - Hasanganj, District - Unnao.
As per version of the F.I.R., the complainant had gone to Unnao on 1.5.2019 and his daughter was alone at her home. The applicant forcibly took her to his house at about 11.00 AM and she was kept there entire night and was raped. When a search was made by the family members, her whereabouts were not known, however, on 2.5.2019 in the morning at about 4.00 AM, the applicant had released the prosecutrix, then this F.I.R. was lodged on 3.5.2019.
It is stated by learned counsel for the applicant that a false allegation of rape has been levelled against the applicant. In the F.I.R. itself it is mentioned that the terms of the family of applicant and the complainant are inimical. It is further stated that in fact the father of the applicant had purchased a piece of land from the brother of the complainant Bhurey, which was the Sahan land between the house of the applicant and the house of the complainant and the complainant was pressurizing the applicant to transfer the said land, to which the applicant and his family had refused, due to which this false case has been lodged. It is also stated that in spite of the fact that as per allegation of F.I.R., the prosecutrix was raped very long time, but as per opinion of the doctor, no internal injury was seen on the private part of the prosecutrix, so the doctor has not given any opinion regarding rape. As per medical report, age of the prosecutrix was about 17 years.
Learned A.G.A has opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Neeraj @ Gabbar) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 :- 28.8.2019 S. Kumar