Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23364 of 2019 Applicant :- Shakir @ Mannu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Mithlesh Kumar, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shakir @ Mannu with a prayer to release him on bail in Case Crime No. 499 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station- Singhawali Aheer, District- Baghpat, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., the victim was enticed away by the applicant. After recovery of the victim, her statement under Section 164 Cr.P.C. was recorded wherein she has stated that when she had gone to her sister's house, she met the applicant. She has further stated that she knew the applicant since last 5 to 10 days. She was called by the applicant to meet him at about 10:30 p.m. and when she met him, she was taken to Transport Nagar, Meerut, where she stayed for about five days during which he sexually assaulted her. After which, the applicant left her at Pilana brick kiln by stating that he coming back after arranging the money and when she was waiting for the applicant, the police came and caught her. It is next submitted that there was ample opportunity available to the victim to run away, when the applicant had gone to arrange for money, which shows that she had gone by her own consent with the applicant. As per the medical report, the victim is aged about 16-17 years. The parties appear to be consenting party. The applicant is languishing in jail since 01.12.2018. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 6.6.2019 JK Yadav