Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25758 of 2021 Applicant :- Santu Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Mehrotra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Learned counsel for the applicant prays for permission to correct the police station mentioned in the prayer clause during course of the day.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
This bail application has been moved on behalf of accused- applicant who is involved in Case Crime No. 427 of 2013, under Sections 354-B, 354-D IPC & Section 3(1)x of the S.C./S.T. (Prevention of Atrocities) Act and Section 8 of Protection of Children from Sexual Offences Act, Police Station- Kotwali Dehat, District - Etah.
Learned counsel for the applicant submitted that after the arrest of the accused victim has been examined as P.W.-1 and she has become hostile and has not supported the prosecution version. Applicant was on regular bail granted by this Court on 15.1.2014. Due to serious financial crisis and in hope of getting better work and salary, he went to Ahmadabad, Gujrat and started working in a garment factory and due to which he could not appear before the trial Court. He undertakes that he will not misuse the liberty of bail and will appear before the trial Court, so that trial can be concluded at the earliest.
Learned AGA has opposed the prayer for bail and submitted that accused absconded during trial since 4.1.2016. Due to this trial has not commenced. The second bail application was rejected by the Sessions Court on merit but this fact was not disclosed before the sessions Court.
It is not disputed that accused was on regular bail granted by this Court vide order dated 15.1.2014 and due to his absence warrant has been issued against him. He was arrested on 2.2.2020 and he is in jail since then.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & another, reported in (2018) 3 SCC 22, without expressing any opinion on the merit of the case, let the applicant - Santu involved in Case Crime No. 427 of 2013, under Sections 354-B, 354-D IPC & Section 3(1)x of the S.C./S.T. (Prevention of Atrocities) Act and Section 8 of Protection of Children from Sexual Offences Act, Police Station- Kotwali Dehat, District - Etah, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.7.2021 Arif