Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4611 of 2019 Applicant :- Sarban Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Counter affidavit filed by learned A.G.A. and supplementary affidavit filed by the learned counsel for the applicant are taken on record.
The instant bail application has been filed for bail of applicant- Sarban Kumar involved in Case Crime No. 147 of 2017, under Sections 363, 366, 368 and 376 I.P.C. and 3/4 POCSO Act, P.S. Vijaygarh, District Aligarh.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Applicant is a labourer and he is not named in the F.I.R. Learned counsel further submits that from bare perusal of statement of victim recorded under Section 161 and 164 Cr.P.C., it is clear that the victim had gone with the applicant with her free will and the applicant had not enticed her away. Learned counsel further submits that no medical examination of the victim was conducted as she had denied to go for medical examination. Learned counsel further submits that co-accused Shiv Kumar @ Shiva has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 13.3.2018 passed in Criminal Misc. Bail Application No. 9341 of 2018. Learned counsel further submits that the charge had been framed against the applicant on 14.3.2019, but no witness has been produced by the prosecution, so far. Applicant is law abiding person having no criminal antecedents. Applicant is languishing in jail since 13.10.2018. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not disputed the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant-Sarban Kumar involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 (iv) argument/judgement.
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 :- 18.12.2019 Saurabh