1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0209 of 2020, under Section 364-A IPC lodged at Police Station Kaisarbagh, District Lucknow.
It is alleged that accused-applicant kidnapped the prosecutrix, aged about 25 years, mother of a child, from Kaisarbagh, a busy market; along with the application, some photographs of the prosecutrix and, the accused-applicant have been placed on record; the photographs, prima facie, disclose the intimacy between the prosecutrix and the accused-applicant; the prosecutrix was recovered on the same day; in her statement recorded 161 CrPC, she has admitted that she knew the accused-applicant, who enticed her away; however, in her statement recorded under Section 164 CrPC, the prosecutrix has stated that the accused-applicant kidnapped her and, demanded ransom of Rupees Three Lacs from her husband.
3. Learned counsel for the accused-applicant submits that the statement of the prosecutrix recorded under Section 164 CrPC is not convincing; it is not possible to kidnap a 25 years married lady with a child from a busy market during broad-day-light at 4.15 p.m; photographs annexed with the bail application clearly indicate the intimacy between the accused-applicant and, the prosecutrix; the prosecutrix willingly went with the accused-applicant, who is 20 years man.
4. On the other hand, Mr. V.K. Shahi, learned Additional Government Advocate, has opposed the bail and, submitted that there is no reason to disbelieve the statement of the prosecutrix recorded under Section 164 CrPC; the accused-applicant has been in jail only since 07.10.2020 and, at this stage he is not entitled to be released on bail.
5. I have considered the submissions made by the learned counsel for the parties.
6. However, considering wide variance in the statements recorded under Section 161 and 164 CrPC and, the photographs annexed with the bail application, I do find it to be a fit case for grant of bail.
7. Let applicant-Sharik Mansuri alias Abu Bakar, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
[D.K.Singh,J.] Order Date :- 28.1.2021 MVS/-