Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33056 of 2021 Applicant :- Noor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sandeep Tripathi, learned counsel for the applicant, Sri U.P. Singh, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Noor, seeking enlargement on bail during trial in connection with Case Crime No.186 of 2021, under Section- 363, 366, 376 & 3/4 of POCSO Act, registered at P.S.-Kutubsher, District-Saharanpur.
Learned counsel counsel for the State informs the Court that as per his instructions, notice has been served on opposite party no.2 on 19.08.2021.
The matter has been taken up in the revised list. No one appears on behalf of opposite party no.2 even when the matter is taken up in the revised list.
Learned counsel for the applicant has argued that the applicant has been falsely implicated in the present case. It is argued that the allegation that the applicant enticed away the minor daughter aged about 17 years of the informant is false and incorrect. The prosecutrix was interrogated and in her statements under Section 161 and 164 Cr.P.C., she has stated that she became angry with her family members and then left the house out of her own sweet will and then went with the applicant. It is argued that prosecutrix was having her date of birth as 16.06.2003 as per the school records and thus, on the date of incident i.e. 06.06.2021, she was short of some days of 18 years. It is argued that the present case is case of elopement. The applicant is having no criminal history as stated in para-17. Charge- sheet in the matter has been submitted and as such there are no chances of the applicant tampering with the evidence and threatening the witnesses. The applicant is in jail since 12.06.2021.
Per contra, learned AGA opposed the prayer for bail and it is argued that applicant is named in the first information report and had enticed away the daughter of the first informant, but could not dispute the other argument as raised.
After having heard learned counsel for the parties and perusal of record, it is evident that the prosecutrix in her statements under Sections 161 and 164 Cr.P.C. has stated that she left her house out of her own sweet will as she was angry with her mother. The present case appears to be case of elopement.
Let the applicant-Noor, be released on bail in the aforesaid case crime number 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
Order Date :- 22.12.2021 SK Goswami (Samit Gopal,J.)