Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34808 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Ramanuj Yadav, learned counsel for the applicant, Sri Prabhas Pandey, learned A.G.A. appearing for the State, Ms. Shilpa Ahuja, learned counsel for the complainant and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and earlier proceedings u/ss. 107/116 Cr.P.C was initiated against the parties (copy of which has been annexed at page 47), thereafter, after six days, the present FIR has been lodged by the complainant alleging rape upon her daughter who is of 18 years as per medical report. It is further submitted that statement of the prosecutrix recorded u/s. 164 Cr.P.C does not corroborate with the medical report. The applicant is in jail since 06.07.2017.
Learned counsel for the complainant and learned A.G.A. vehemently opposed the prayer for bail.
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 tempering 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 Rahul involved in Case Crime No.124 of 2018 under Sections 376 (2)(झ), 504, 506 IPC, 3(2)(5) SC/ST Act and 4 POCSO Act, Police Station Panwari, District Mahoba be released on bail on his furnishing a personal bond with two sureties of Rs.1,00,000/- each (one should be family member) in the like amount to the satisfaction of the court concerned with 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of eight months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 14.9.2018 Madhurima