Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47557 of 2021 Applicant :- Satish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadhu Sharan Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Notice has been served upon the informant but no one has put in appearance. Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
As per prosecution case, victim, a minor, alleged that the applicant attempted to outrage her modesty at 10.00 p.m. in the night.
It is urged by learned counsel for the applicant that prior to the incident the wife of the applicant has lodged a complaint with the Magistrate. In retaliation, the instant false report has been lodged; there is no injury on the victim; victim is not consistent in her statement recorded under sections 161 and 164 Cr.P.C.; the applicant has been falsely implicated. It is lastly submitted that prior to the incident applicant has no other reported criminal antecedent and he is languishing in jail since 12.09.2021, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
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 tempering 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, Satish, involved in Case Crime No. 198 of 2021, under section 354, 506 I.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, Police Station Bhudkuda, District Ghazipur, 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.
Order Date :- 23.12.2021 K.K. Maurya