Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26182 of 2017 Applicant :- Ramakant @ Pullu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Manoj Misra,J.
Heard Sri Arvind Kumar holding brief of Sri Sri Anil Kumar Jaiswal, learned counsel for the applicant; Sri Anil Kumar for the complainant; the learned A.G.A. for the State; and perused the record.
This is a second bail application of the applicant in case crime No. 1105 of 2016, under Sections 363, 366, 376 I.P.C. and section 3(1)(12) of SC/ST Act and section 3/4 Pocso Act, police station Mariahun, District- Jaunpur with the prayer to enlarge him on bail.
The First Bail Application No. 35532 of 2016 of the applicant was rejected by order dated 19.10.2016 and it was provided that the trial should be concluded expeditiously, preferably, within a period of six months.
The case of the applicant is that, till date, the trial has not been concluded and from the statement of the victim recorded during the course of trial, it appears that she is aged 22 years and that her date of birth was deliberately entered lower. It has been submitted that from the statement of the victim it appears that she was a consenting party. It has been contended that the applicant has suffered incarceration of nearly two years and there is no likelihood of the applicant misusing the liberty of bail because the statement of the victim has been recorded and now, even as per prosecution case, the victim is an adult therefore even if the applicant stays with the victim as her husband no offence would be committed. It has been submitted that the applicant has no previous criminal history; he is in jail since 28.07.2016 and, in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA as well as learned counsel for the complainant has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made and keeping in mind the period of under trial detention of the applicant and remote possibility that he would misuse the liberty of bail, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Ramakant @ Pullu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) 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;
(iii) 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;
(iv) 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; and
(v) 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 :- 23.3.2018 Sunil Kr Tiwari