Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29516 of 2019 Applicant :- Rakesh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Krishnaji Khare,Santosh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Counter and Rejoinder affidavits filed today are taken on record.
Heard Sri Krishnaji Khare, learned counsel for applicant, Sri Dr. S.B. Maurya, the learned A.G.A. and perused the records.
Applicant - Rakesh seeks bail in Case Crime No.291 of 2018, under Section 366 IPC, P.S. Udaiti, District - Badaun.
It is submitted by learned counsel for the applicant that the the FIR is malafidely motivated, inasmuch as the victim, aged about 18 years as per medical evidence, was in a consensual relationship with the applicant, but when the affair went public, the impugned FIR has been lodged mischievously roping the real brother of the applicant in respect of the sexual assault, which is highly improbable, applicant claims to have no previous criminal history, is languishing in jail since 10.1.2019, 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- Rakesh 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 :- 27.11.2019 N.S.Rathour