Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37925 of 2019 Applicant :- Sanjay Sahni Opposite Party :- State Of U.P.
Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Yashpal Yadav, learned counsel for the applicant, Sri G.P.Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the prosecutrix is a married lady and having two children. There was some money dispute between the parties and compromise has already been entered into between the parties, copy of which has been annexed at page-27, according to which, the father-in- law of the prosecutrix would pay the money back by 10th April, 2019 but he did not pay the same, on account of which the present FIR has been lodged against the applicant just for the purpose of harassment. He next argued that though the prosecutrix in her statement under Section 164 Cr.P.C. has levelled wild allegation against the applicant for committing rape on her, but the medical examination report of the victim does not corroborate the same. The applicant has no other reported criminal antecedent. The applicant is in jail since 27.6.2019.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering 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-Sanjay Sahni involved in Case Crime No.181 of 2019, under Sections 376/506 I.P.C., Police Station Nebua Naurangia, District Kushinagar be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family members) 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.
(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of one year from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 30.9.2019 NS