Heard Sri Shankar Saun, learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State.
Affidavit of compliance has been filed by the SSP, Gautam Budh Nagar in compliance of the Courts order dated 6.8.2014 which is taken on record.
It is stated by the counsel for the applicant that the complainant Narendri Giri has filed an affidavit before the SSP, Gautam Budh Nagar denying about the incident and participation of the applicant. A copy of the affidavit dated 16.7.2014 has been annexed as Annexure-2 at page 15-19 of the bail application.
Learned AGA as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the fact that the affidavit has been filed by the complainant before the S.S.P. Gautam Budh Nagar.
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 Sachchidanand Chauey involved in Case Crime No. 475 of 2014 under Sections 354, 354 Ka (1) IPC and 7/8 Protection of Children From Sexual Offence Act, 2012, police station -Phase -2, NOIDA DADRI, district Gautam Budh Nagar, 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 :- 9.9.2014 SKS