Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23583 of 2019 Applicant :- Ravindra Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhakar Vardhan Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Supplementary-affidavit has been filed today, which is taken on record.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 0254 of 2018, under Sections 363, 366, 376 I.P.C. and section 3/4 Pocso Act, police station Paniyara, District- Maharajganj with the prayer to enlarge him on bail.
The contention of the learned counsel for the applicant is that though the victim is stated to be aged 14 years but the medical board has determined her age as about 17 years whereas, in fact, she is an adult. It has been submitted that from the statement of the victim recorded under Section 164 Cr.P.C. it appears that the victim was sent with the applicant by applicant's mother for her marriage with one Dashrath but, in fact, the applicant married the victim on 26.10.2018 at Hyderabad. It has been submitted that although it is alleged that the applicant established physical relationship without consent of victim but the facts and circumstances of the case suggests that she was a consenting party as she had been moving with the applicant from one place to other and was recovered from a public place. It has been submitted that the victim has not suffered any injury. It has been submitted that the applicant is innocent; he has been falsely implicated; he has no previous criminal history; he is in jail since 31.12.2018 and, in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA 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, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Ravindra 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 :- 6.6.2019 Sunil Kr Tiwari