Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23562 of 2019 Applicant :- Radhey Shyam Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Yadav,Atmaram Nadiwal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Dinesh Kumar Yadav, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Radhey Shyam Yadav with a prayer to release him on bail in Case Crime No. 252 of 2018, under Sections 354- Ka, 452, 504, 506, 376 I.P.C., Police Station- Raunapar, District- Azamgarh, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 26.12.2018, the applicant entered into the house of the prosecutrix and had sexually assaulted her. It is next submitted that in the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., she has stated that on 26.12.2018 at 04:00 in the morning, when she was sleeping in her room and the door of her room was opened, the applicant entered into her room and caught hold of her and sexually assaulted her. The whole story regarding allegation of sexual assault as per the statements of the prosecutrix, appears to be highly improbable. It has further been argued by the learned counsel for the applicant that the prosecutrix had kept the door open of the room for the applicant to enter into her room as she was consenting with him. As per her own testimony, the prosecutrix is aged about 22 years. The applicant is languishing in jail since 14.02.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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.
Order Date :- 6.6.2019 JK Yadav