Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22633 of 2019 Applicant :- Ranjeet Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Bhushan Upadhyay,Narendra Deo Upahdayay Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vinay Bhushan Upadhyay, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Ranjeet Singh with a prayer to release him on bail in Case Crime No. 4 of 2019, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station- Sakaldeeha, District- Chandauli, during pendency of trial.
It is argued by the learned counsel for the applicant that for the incident dated 10.11.2018, the F.I.R. has been lodged by the informant against six named accused persons including the applicant alleging therein that the daughter of the informant was enticed away by Harinarayan along with his mother and other co-accused persons and the victim had also taken along with her 2,50,000/- rupees and some jewellery. After recovery of the victim, her statement under Section 161 Cr.P.C. recorded wherein she has not stated anything against the applicant. Subsequently, the statement of the victim under Section 164 Cr.P.C. recorded in which for the first time, there is allegation of being sexually assaulted by Harinarayan as well as the applicant. It is next submitted that from the perusal of the statements under Sections 161 and 164 Cr.P.C. of the victim, it appears that she left her house out of her own sweet will as she had taken along with her 2,50,000/- rupees and some jewellery. There are variations in the version of F.I.R. as well as in the statements under Sections 161 and 164 Cr.P.C., which makes the prosecution story shaky and doubtful. As per the medical report, the victim is aged about 18 years. The applicant is languishing in jail since 23.02.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
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 :- 4.6.2019 JK Yadav