Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29540 of 2019 Applicant :- Ram Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 99 of 2019, under Sections 452, 376 IPC, P.S. Shahi, District Bareilly, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that on the earlier occasion the same prosecutrix Smt. Indrawati has lodged the FIR on 20.02.2019, against present applicant Ram Pal, under Sections 452, 323, 504, 506 IPC, P.S. Shahi, District Bareilly. It appears that the batter sense prevailed between the parties and consequently, she has withdrawn the aforesaid case crime No. 46 of 2019. Thereafter, through application under Section 156 (3) Cr.P.C. showing the date of incident on 23.02.2l9 yet another FIR was registered on 03.05.2019 labeling the allegation of rape upon applicant Ram Pal and 4 others. In the application she has named the applicant-accused Ram Pal, Hariram, Bhagwan Das, Dwarika Prasad and Maya Devi and entire allegation of rape has been made upon the applicant. He further submitted that the husband of the informant/victim was taken loan of Rs. 2 lac on 05.07.2016 from the applicant for construction of her house and when the applicant demanded his money from her and her husband on several time they could not return the same and only in order to pressurize the applicant she lodged the false and fabricated FIR against the applicant and his family members. She is aged about 33 years and she has two children. According to medical examination report, no opinion about rape could be given. He further submitted that the applicant is innocent and has been falsely implicated in the present case. He lastly submitted that the applicant is in jail since 22.05.2019 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Ram Pal be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 99 of 2019, under Sections 452, 376 IPC, P.S. Shahi, District Bareilly,, with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANTS ARE 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 25.7.2019 v.k.updh.