The case has been taken through video conferencing facility.
Heard Sri Ashish Raman Mishra, learned counsel for applicant, Sri Ajay Singh, learned counsel for the complainant, Ms. Shikha Sinha, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant for grant of bail in FIR No.0017 of 2021, under Sections 363, 366 I.P.C., Police Station Rupaideeha, District Bahraich.
It is alleged that the prosecutrix, aged about 17 years, was enticed away by the applicant on 21.01.2021. The prosecutrix was recovered and subjected to medical examination. Her statements under Section 161 and 164 Cr.P.C. were recorded. In her statement under Section 164 Cr.P.C. she said that she went with the accused applicant to Lucknow and thereafter to Delhi and then Jalandhar and thereafter she came back. There is no allegation of rape or any wrong doing by the accused applicant. It appears that the prosecutrix willingly went with the accused applicant without any force or coercion or undue influence by the accused-applicant. There is no criminal history against the applicant and he is in jail since 28.01.2021.
Learned counsel for the complainant as well as learned A.G.A. however, oppose the prayer for bail of the applicant, but could not controvert the submissions made by the learned counsel for the accused-applicant.
Considering the aforesaid facts, it would be appropriate to enlarge the applicant on bail. The bail application is, thus, allowed.
Let the accused-applicantSameer @ Buddhu involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties to the satisfaction of the court concerned subject to 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 :- 13.4.2021 Anand Sri./-