Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37900 of 2016 Applicant :- Om Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Pradeep Kumar, learned counsel for applicant and Sri A.N. Mulla, the learned A.G.A.
Applicant - Om prakash seeks bail in Case Crime No.131 of 2016, under Sections 376D, 504, 506 I.P.C. and 3(2) 5 SC/ST Act and 3/4 POCSO Act, P.S. Kothibhar, District - Maharajganj.
It is submitted on behalf of the applicant that it's a case of false implication on account of ulterior motives, as alleged in para 15 and 16 of the application, victim is alleged to have gone with the applicant on 01.04.2016, the F.I.R, came to be lodged after more than 45 days, coupled with the fact that on medical examination, she is reported to be around 17 years, which could probablize her age to be that of 18 years on the date of occurrence, applicant claims to have no previous criminal history, is languishing in jail since 02.07.2016, trial is not likely to be concluded in the near future, applicant undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Om Prakash involved in aforesaid case be released on bail on furnishing a personal bond and two heavy 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 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 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 :- 26.7.2018 Asheesh