Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24943 of 2016 Applicant :- Rakesh @ Mannu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajatshatru Pandey,Gulab Shankar Singh,Ramesh Kumar Singh,Vishwanath Mishra Counsel for Opposite Party :- G.A.,A.P. Tiwari,S.S. Tripathi
Hon'ble Ramesh Sinha,J.
Counter affidavit filed by learned AGA for the State and rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Ramesh Kumar Singh, learned counsel for the applicant and Sri Rajesh Mishra, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that as per the medical report of the victim she is major, aged about 20 years. From a perusal of her statement under Section 164 Cr.P.C., it is apparent that she is a consenting party and living with the applicant since eight months and when he refused to marry the victim she lodged the present FIR. The applicant has no other reported criminal antecedent. The applicant is in jail since 12.5.2016.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 Rakesh involved in Case Crime No. 130 of 2016 under Section 376, 323, 506 IPC and Section 3/4 POCSO Act, Police Station Kampierganj, District Gorakhpur be released on bail on his furnishing a personal bond with two sureties each 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 six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 28.2.2018 Deepika