Heard Shri Manoj Kumar Singh, learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record.
Learned counsel for the applicant submitted that accused applicant has falsely been implicated in the present due to enmity. It is complaint case. The dispute between the parties is of civil nature. It has been informed at the Bar that civil dispute pending between the parties has been settled out of court. It is further submitted that the allegation of rape levelled against the accused applicant is false as the victim Swati Dwivedi has not been produced before the court concerned for recording her statement under section 202 Cr.P.C. Injury reports of the injured victim Swati Dwivedi and Vimla Devi mention that the injuries are simple in nature, which are not connected with the commission of crime. It has further been submitted that co-accused Rajendra Tiwari has already been granted bail by this Court vide order dated 10.02.2021 in Bail No.489 of 2021.
The accused applicant is languishing in jail since 7.12.2020. There is criminal history of one case against accused applicant which is explained in para 25 of the bail application. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses . In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Patandin Dubey involved in Complaint No.38 of 2020, under Sections 376, 324, 394, 504, 506 IPC and section 7/8 POCSO Act, Police Station - Itiyathok, District - Gonda be released on bail on his 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 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 :- 11.2.2021 KR