Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7777 of 2016 Applicant :- Seetu Alias Shane Alam Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijai Kumar Tiwari,Awadhesh Kumar Srivastava,Mazhar Ullah Counsel for Opposite Party :- G.A.,Pradeep Kumar Sharma
Hon'ble Ramesh Sinha,J.
Counter affidavit filed by learned AGA is taken on record.
Heard Sri Mazhar Ullah, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record. Sri Pradeep Kumar Sharma, learned counsel for the complainant is not present.
It has been contended by learned counsel for the applicant that the prosecutrix is a major girl. According to High School Marksheet, she is 19 years old. Though, she has levelled the allegation of rape against the applicant but the same is not corroborated with medical report. It appears that she was a consenting party. The applicant is in jail since 2.11.2015.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Seetu alias Shane Alam, involved in Case Crime No. 262 of 2015, under Sections 363, 366, 376-D I.P.C. & 4 POCSO Act, P.S. Meerganj, District Bareilly be released on bail on furnishing a personal bond and two 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 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 :- 30.3.2018 A.K.Srivastava