Objections of the State filed today are taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This second bail application has been preferred by the accused- applicant - Shahrukh S/- Abdul Hamid, who is involved in Case Crime No. 352 of 2019, under Sections- 376, 506, 377, 323 I.P.C. , Police Station- Mallawan, District- Hardoi.
The first bail application was rejected by this Bench on 05.06.2020 considering the statement of the prosecutrix under Section 164 as also the fact that the prosecutrix had not been examined by then before the trial Court and other witnesses had also not been examined. However, now, the prosecutrix has been examined before the trial Court and as per the certified copy of a testimony as has been annexed as Annesure No. 1 to the supplementary affidavit dated 18.01.2021 the prosecutrix has belied the prosecution story and has been declared hostile.
Learned A.G.A. has opposed the bail on the ground of facts narrated in the F.I.R.
In view of the aforesaid this court is of the view that the applicant, who is in jail since 05.09.2019, is entitled to be released on bail.
Let applicant- Shahrukh S/o Abdul Hamid be released on bail in the aforesaid case crime number on his furnishing personal bond and two heavy sureties of 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. The applicant shall also furnish copies of his Adhar Card and PAN Card, if any, before the Court below and also the concerned police station.
(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 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 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.
(v) In case, applicant threatens the witnesses then prosecution will be at liberty to move application for cancellation of his bail.
The second bail application is allowed.
Order Date :- 11.2.2021 R.K.P.