Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38712 of 2019 Applicant :- Sankatha Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant, Sri Irshad Hussain, 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 admittedly as per the FIR, prosecutrix is a major girl aged about 19 years. As per the statement of the prosecutrix recorded under Section 164 Cr.P.C., it appears that though she has levelled allegation of rape against the applicant but she has refused for her medical examination and there appears to be evidence on record to corroborate her statement recorded under Section 164 Cr.P.C. Moreover, the present FIR has been lodged against the applicant on the basis of an application under Section 156(3) Cr.P.C. after seven months of the incident.The applicant has no other reported criminal antecedent. The applicant is in jail since 21.6.2019.
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-Sankatha involved in Case Crime No.164 of 2018, under Sections 376, 504, 506 I.P.C., Police Station Jahanabad, District Fatehpur 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.
(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.
Order Date :- 30.9.2019/NS