The present bail application has been filed on behalf of the accused applicant Pradeep Patel involved in Case Crime No.664 of 2020, under Sections 328, 323 I.P.C., Police Station Chinhat, District Lucknow with the prayer to enlarge him on bail.
Heard Shri Atul Verma, learned counsel for the accused-applicant and Shri Pankaj Pandey, learned A.G.A. appearing on behalf of the State through Video Conferencing in view of Covid-19 pandemic.
Learned counsel for the accused/applicant submitted that the accused applicant has been enlarged on bail in the main Sections and those were Sections 376-D/506 I.P.C., Police Station Chinhat, District Lucknow arising out of Case Crime No.664 of 2020. Subsequently, Sections 328 and 323 I.P.C. have been added and this application is moved for grant of bail to the accused applicant in added sections. So the accused applicant be enlarged on bail in these added sections also.
Per contra, learned A.G.A. appearing on behalf of the State has opposed the bail application of the accused/applicant and submitted that the accused applicant alongwith co accused persons committed rape upon the victim after administering drugs. So the bail application should be rejected.
Considered the submissions of both the sides and perused the record.
Admittedly, the accused applicant has been enlarged on bail in the main sections 376-D/506 I.P.C. (Case Crime No.664 of 2020) by the Coordinate Bench of this Court vide order dated 17.3.2021 passed in Bail Application No.3241 of 2021. Sections 328 and 323 I.P.C. have been added subsequently.
Considering all the facts and circumstances of the case and the legal position, it appears just to enlarge the accused/ applicant on bail in these added sections.
Application is allowed.
Let the accused applicant Pradeep Patel involved in Case Crime No.664 of 2020, under Sections 328, 323 I.P.C., Police Station Chinhat, District Lucknow be released on bail on his furnishing a personal bond and two sureties of Rs.50,000/- each in the like amount to the satisfaction of the court concerned subject to the following conditions -
(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.
(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.5.2021 Shukla