Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13889 of 2016 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for applicant, and Sri Santosh Ratan Pandey, learned A.G.A. and perused the records.
Applicant - Raju seeks bail in Case Crime No.132/2012, under Sections 315, 376, 342 IPC, P.S. Ghazipur, District - Fatehpur.
It is submitted that the F.I.R, arose out of an application under Section 156(3) CrPC, after 3 months of the occurrence, allegations are malafidely motivated, the alleged pregnancy is consenting, it is alleged in paragraph-12 of the application that the house of the victim is 8 ft. away from that of the applicant, where he is reported to have taken the victim into custody for almost 8 days, but no cries for help were ever made, medical examination of the victim indicates that she was around 16 years, which could probabilize her age to be that of majority, which fact is not disputed by the learned A.G.A, on the instructions so received, the applicant claims to have no previous criminal history, is languishing in jail since 27.10.2014, undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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 case for bail.
Let the applicant- Raju involved in aforesaid case be released on bail on furnishing a personal bond and two heavy 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 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 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 :- 7.9.2018 N.S.Rathour