Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22595 of 2019 Applicant :- Sailendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Prajapati Counsel for Opposite Party :- G.A.,Sanjay Kumar Mishra,Vijay Bahadur Shivhare
Hon'ble Mrs. Manju Rani Chauhan,J.
Counter affidavit filed by the learned counsel for the informant today in the Court, is taken on record.
Heard Sri Ram Raj Prajapati, learned counsel for the applicant, Sri Vijay Bahadur Shivhare, learned counsel for the informant, Sri Amit Singh Chauhan, 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, Sailendra with a prayer to release him on bail in Case Crime No. 48 of 2019, under Sections 452, 376, 506 I.P.C., Police Station- Biwar, District- Hamirpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case, due to ulterior motive. It is next argued that for the incident dated 24.11.2018, the F.I.R. has been lodged on 19.03.2019 by the father of the victim against the applicant, after a delay of about 5 months without giving any plausible explanation for the same, stating therein that on 24.11.2018, when the victim was alone in her house, the applicant entered into her house and molested her. It is next submitted that as per the statements of the victim recorded under Sections 161 and 164 Cr.P.C., on the pretext of marrying her, the applicant had established physical relationship with her. As per the School Certificate, she is aged about 21 years. She is major and mature enough to understand her limitations as to what extent, she can go prior to marriage with the applicant. The applicant is languishing in jail since 19.04.2019. 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 :- 7.6.2019 JK Yadav