Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37501 of 2019 Applicant :- Pintu Alias Shailendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Counter affidavit filed by Sri Lav Kush Kumar Bhatt, learned counsel for the opposite party no. 2 which is taken on record. Learned counsel for the applicant states that he does not want to file any rejoinder affidavit and wants to argue the case.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 153 of 2019, under Sections 363, 366, 376 IPC and section 3/4 POCSO Act, P.S. Dhebaruwa, District- Siddharth Nagar is seeking enlargement on bail during the trial.
Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the FIR was got registered by father of the victim on 04.07.2019, u/s 363, 366 IPC against the applicant with the allegation that the applicant has enticed away his minor daughter who is aged about 14 years. It is further submitted that the applicant and the victim are in the torrid love affair for quite some time and by mutual consent, they have entered into a premarital sexual relationship, both of them have spend quality time with each other. As per medical, the age of the girl is 19+ years. It is further submitted that in paragraph 27 of the petition it has been clearly mentioned that the applicant wants to marry with the victim as soon as he comes out from the jail. It has lastly been submitted that the applicant is in jail since 09.07.2019 having no criminal antecedents except the present one.
Learned AGA and Sri Lav Kush Kumar Bhatt, learned counsel for the opposite party no. 2 have vehemently opposed the prayer for bail and Sri Lav Kush Kumar Bhatt submits that if the applicant would marry with the victim, he has no objection.
Taking into account the willingness of both the parties that they would ready to marry after releasing the applicant from jail and the 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 fit case for bail.
Let the applicant Pintu Alias Shailendra, 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 SHALL FILE AN UNDERTAKING TO THE EFFECT THAT 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 27.9.2019 Nisha