Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30385 of 2019 Applicant :- Rajan Opposite Party :- State Of U.P.
Counsel for Applicant :- Amresh Tripathi,Pankaj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Amresh Tripathi and Pankaj Kumar Gupta, learned counsels for the applicant and Sri Prashant Kumar, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Rajan with a prayer to enlarge him on bail in Case Crime No. 358 of 2019, under Sections 363, 366, 504 and 506 I.P.C., Police Station-Kotwali, District-Deoria, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that as per the allegations made in the first information report lodged on 2nd May, 2019 by Shailendra i.e. father of the victim, namely, Kajal against three named accused persons including the present applicant, on 2nd May, 2019 all the accused persons enticed away the victim and when the informant enquired from them about the victim, they abused and threatened him for which the present first information report has been lodged. The victim has been recovered safely and her statements under Sections 161 and 164 Cr.P.C. have been recorded wherein she has stated that the victim went to the place of applicant on her own free will and from there, she went to the place of her aunt (Mausi) along with him. The applicant is not at fault, she wants the applicant to stay at his house, whereas she wants to stay at her own house. She also expressed that the applicant may be released in the present case. It has further been argued by the learned counsel for the applicant that the victim left her house and went along with the applicant on her own free will, therefore, no case punishable under Sections 363 and 366 I.P.C. is made out against the applicant. The applicant is innocent and being the friend of victim, he has been falsely implicated in the present case. The medical examination report of the victim does not support the prosecution case. Before the doctor also, she has stated that nothing wrong has been happened with her. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 10th May, 2019.
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.
However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, 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.
(Manju Rani Chauhan, J.) Order Date :- 30.7.2019 Sushil/-