This is the second bail application. The first bail application was rejected vide order dated 28.08.2018.
Heard learned counsel for applicant as well as Sri Veer Raghav Chaubey, learned A.G.A. for the State and perused the record.
The present application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in Case Crime No.115 of 2017, under Sections 307, 354 I.P.C. & 7/8 of POCSO Act, Police Station Shivgarh, District Raebareli.
It is alleged that the accused applicant stabbed the victim Ankita at her house. Injury report of the victim would go to show that there was one muscle deep stab wound on the left side of the neck of the victim.
Learned counsel for the applicant submits that there was enmity between the accused and the father of the victim. The accused applicant went to the house of the victim and had some altercation with the father and when victim tried to intervene she was stabbed. He further submits that there was no intention to kill the victim and the injuries are not so serious which would cause death. It is further submitted that the accused applicant has been in jail for more than 3-1/2 years. There is no criminal history of the accused applicant. The trial is yet to get concluded.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Considering the aforesaid fact and particularly the long incarceration of the accused applicant in jail, i.e. since 28.05.2017, it would be appropriate to enlarge him on bail. The bail application is, thus, allowed.
Let accused-applicant Sahab Saran be released on bail in the aforesaid F.I.R. on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Trial Court on being summoned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that she 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 :- 6.4.2021 Anand Sri./-