Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1969 of 2019 Applicant :- Neetu Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- S.M.Faraz I. Kazmi,Arvind Kumar,Mohammad Zakir,Sikandar Khan Counsel for Opposite Party :- G.A.,Bal Krishna Pandey
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.497 of 2018, under Sections 376D, 506 IPC and 5(G)/6 of POCSO Act, Police Station Dibai, District Bulandshahar.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further contended by learned counsel for the applicant that co-accused Ramu has already been granted bail by another Bench of this Court in Criminal Misc. Bail Application No.2028 of 2019, vide order 13.2.2019. Applicant's case is at par with co-accused released on bail. The applicant, having no criminal antecedent, is languishing in jail since 14.08.2018.
Per contra, learned A.G.A. has opposed the bail, but does not dispute the factual aspects of the matter.
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 the merit of the case, the applicant is entitled for bail, let applicant-Neetu Singh involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 m.a.