Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3428 of 2019 Applicant :- Ram Chander Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Shri Sanjeev Kumar Khare, learned counsel for the applicant, Shri D.P.S. Chauhan, learned A.G.A. and perused the record of the present bail application.
The present bail application has been filed by the applicant – Ram Chander Bind with a prayer to enlarge him on bail in Case Crime No.262 of 2018, under Section 376 I.P.C., Police Station Mungra Badshahpur, District Jaunpur.
It has been argued by the learned counsel for the applicant that initially an FIR was lodged under Section 354 I.P.C. in which applicant has been granted bail by the court below vide order dated 11.10.2018. Thereafter, after recording statement of the victim under Section 164 Cr.P.C., in which there was some improvement, a charge sheet has been submitted against the applicant under Section 376 I.P.C. It has been argued that the applicant and the victim belong to common ancestral family and due to family dispute the applicant has been falsely implicated in this case. It is also contended that as per medical report no external or internal injury has been found on the body of victim. It is argued that the victim is major aged about 21 years as her date of birth is 01.01.1997. It is next contended that the applicant has no criminal history and there is no possibility 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 languishing in jail since 16.10.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, 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.
Order Date :- 28.2.2019 Anand Sri./-