Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30076 of 2019 Applicant :- Santram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Karunesh Pratap Singh, learned counsel for applicant, Sri Manav Chaurasiya, the learned A.G.A. and perused the records.
Applicant - Santram seeks bail in Case Crime No. 138 of 2019, under Sections 376D and Section 3/4 of POCSO Act, Police Station- Dhanghata, District- Sant Kabir Nagar.
Learned counsel for the applicant has claimed parity with the order of co-accused Monu in Crl. Bail Application no. 51753 of 2019, who was bailed out by this Court on 25.11.2019 and that of co-accused Dimple in Crl. Misc. Bail Application no. 50563 of 2019, who was bailed out by this Court on 21.11.2019, which parity is not disputed by the learned A.G.A, applicant is in jail since 22.3.2019, undertakes not to misuse the liberty, he be enlarged on bail.
Learned Brief Holder has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Santram involved in aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 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 :- 27.11.2019 N.S.Rathour