Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4764 of 2016 Applicant :- Ranjeet Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ankit Kapoor,Anand Kumar Singh,Pradeep Kumar Singh,Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Rameswari Prasad
Hon'ble Ramesh Sinha,J.
Rejoinder affidavit filed by Sri Satyendra Singh, learned counsel for the applicant is taken on record.
Sri I.P. Singh, learned counsel has filed his power on behalf of the applicant in the Registry which is not on record.
Office to trace out the same and place it on record.
Heard Sri I.P. Singh, Sri Rajesh Kumar Tiwari and Sri Satyedra Singh, learned counsel for the applicant and 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 supplementary report of the victim, she is a major girl aged about 19-20 years. From a perusal of her statement under Section 164 Cr.P.C., it is apparent that she is a consenting party but under the influence of her parents she deposed against the applicant before the trial court. The applicant has no criminal history. The applicant is in jail since 8.9.2015.
Learned A.G.A. opposed the prayer for bail.
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 Ranjeet Kumar involved in Case Crime No. 280 of 2015 under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Bhelupur, District Varanasi 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.
Order Date :- 23.2.2018 Deepika